I have had a few days to digest the Supreme Court’s most recent opinions interpreting the Federal Arbitration Act (Oxford Health Plans LLC v. Sutter, see blog post here; and American Express Co. v. Italian Colors Restaurant, see blog posts here and here) and offer the following reflections:
Sutter affirmed the broad power of the arbitrators to decide issues properly submitted to them even if the resulting decision seems implausible. Italian Colors affirmed the power of parties...
