The Future of Arbitrability Disputes in Light of the Supreme Court's Ruling in 'Coinbase'
"The court's decision is a significant departure from longstanding precedent that an arbitrator in arbitration was vested with the authority to make the decision as to arbitrability," write Jose L. Linares and Mark M. Makhail of McCarter & English.
August 20, 2024 at 10:00 AM
6 minute read
Alternative Dispute ResolutionArbitration has been widely accepted as an ADR process that provides parties the opportunity to quickly and efficiently resolve their disputes without going through the long, expensive, and arduous process of litigation. The Supreme Court's recent decision in Coinbase v. Suski, 144 S. Ct. 1186 (2024), has, in part, disrupted this understanding and changed the ADR landscape. The court held that when there are conflicting agreements regarding the arbitrability of a dispute, it is solely a question for the judiciary to determine which agreement applies.
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