Document Type
Brief
Publication Date
1-29-2013
Abstract
This case involves question of substantial importance to the field of arbitration. Amici are professional arbitrators and scholars. They file this brief to give the Court the benefit of their many years of practical experience and scholarly study. In our view, the effective-vindication rule that pervades this Court's last 25 years of arbitration jurisprudence is crucial to promoting public confidence in the legitimacy of arbitration and furthering the federal policy favoring arbitration. Eradicating that rule will undermine arbitration's legitimacy and leave it a weakened institution in the eyes of the public.
The effective-vindication rule is an integral component of the Federal Arbitration Act (FAA), as this Court has recognized for more than 25 years. Petitioner's argument that the FAA requires enforcement of an arbitration clause even where it is undisputed that the consequence is that resolution of the underlying claims in arbitration is impossible, if adopted, will reduce public confidence in the arbitration system and leave it a more weakened institution.
Recommended Citation
St. Antoine, Theodore J., "American Express Co. v. Italian Colors Restaurant: Brief of Professional Arbitrators and Arbitration Scholars as Amici Curiae in Support of Respondents" (2013). Appellate Briefs. 28.
https://repository.law.umich.edu/briefs/28
Comments
Amicus: Aragaki, Hiro; Abrams, Roger I.; Bartholet, Elizabeth; Bingham, Lisa Blomgren; Bloch, Richard I.; Block, Richard N.; Horton, David; Cross, Karen Halverson; Goldberg, Stephen; Knapp, Charles L.; Schmitz, Amy J.; Sharpe, Calvin W.; Stempel, Jeffrey W.; Sternlight, Jean; Stipanowich, Thomas J.; St. Antoine, Theodore J.; Winograd, Barry; Woodward, William J.; Zack, Arnold