Justices Keep US Courts‘ Role in Global Arbitration in Check


Lisa Richman called a US Supreme Court decision affirming that arbitrators, not courts, should interpret and apply the local litigation requirement of a treaty to an underlying controversy “a step in the right direction. It sends a good signal to the world that the U.S. is not unfriendly to international arbitration.” However, Ms. Richman noted the narrow scope of the decision and added concerning it, “I’m not sure that reflects more generally held views on what’s within the scope of the arbitrator’s purview to decide. Is that going to be universally applicable in how you interpret other potential conditions of consent to arbitration?”