US Supreme Court Engages on Arbitration Issues
International Arbitration and Litigation attorneys Adolfo Jiménez, Marisa Marinelli, Brian Briz and Katharine Menéndez de la Cuesta were featured authors in The Global Arbitration Reviews of America 2022 published by the Global Arbitration Review, in association with Holland & Knight. The attorneys co-wrote the chapter titled, "US Supreme Court Engages on Arbitration Issues."
The article discussed several cases of great interest to the international arbitration community over the past year, including the unresolved question of who decides arbitrability in the U.S. Supreme Court and remote hearings in arbitration proceedings during the Covid-19 pandemic.
As a general rule, courts decide ‘gateway’ questions of arbitrability, including whether an agreement to arbitrate is valid. Arbitration is a matter of contract and parties can agree to delegate such gateway questions of arbitrability to an arbitrator.
Remote hearings in arbitration proceedings were uncommon before the pandemic. Two issues that arose in 2020 were whether a party to an arbitration has a right to an in-person hearing without an express agreement between the parties, and whether a violation of this right is a violation of due process. The Supreme Court has yet to address the issue.
Accreditation: An extract from GAR’s The Arbitration Review of the Americas 2022, first published in August 2021. The whole publication is available at https://globalarbitrationreview.com/review/the-arbitration-review-of-the-americas/2022