In recent years, the U.S. Supreme Court has granted certiorari in an unusually large number of arbitration cases. While there has been much commentary on the decisions addressing class arbitration, there has been less discussion of those on the subject of arbitrability. This article discusses some of the Supreme Court’s arbitrability decisions to show that, over the last decade or so, the court has been gradually reshaping the legal landscape to grant more authority to arbitrators to resolve questions of arbitrability and to make it harder, in some circumstances, to argue that certain of those questions should be resolved by courts.
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