The U.S. Supreme Court’s past term (officially “October Term 2012,” for those in the know) was groundbreaking in many respects. On issues of equality alone, the court mandated federal recognition for same-sex marriages, invalidated a significant enforcement mechanism of the Voting Rights Act, and flirted with outlawing affirmative action in public universities, to name just a few.
The news on the arbitration front was decidedly more mundane. Still, in two cases, the court reaffirmed its commitment to enforcing arbitration agreements and to deferring to arbitrators’ decisions. Arbitration practitioners—which, at this point, probably includes just about every litigator—would be well-advised to take note of these opinions.
