The emergence of artificial intelligence (AI) systems has made urgent a question that would have seemed absurd to the drafters of the Federal Arbitration Act (FAA): whether algorithms might generate binding arbitral awards without human involvement. This two-part article concludes that, under the FAA as currently written, such awards cannot be enforced. Yet this article does not end with a negative prognosis for AI’s place in arbitration. Instead, it makes suggestions for legislative reform …
Federal Arbitration Act (FAA)
The Federal Arbitration Act at 100 and the New York Connection
In 2025 and 2026, we celebrate the centenary of the Federal Arbitration Act and the birth of the American Arbitration Association. These tandem events are no coincidence. These twin celebrations present the rare opportunity to examine the relationship and recognize the central contribution of visionary and strategic New York lawyers to today’s vastly expanded world of alternative dispute resolution that was built on the foundation they established. (Reprinted with permission from the April …
Subpoenas and Summonses in Arbitration
Congress enacted the Federal Arbitration Act (the “Act” or “FAA”) in 1925 to overcome the antipathy some judges had for private arbitration. The Act provides that an agreement to arbitrate is as enforceable as any other contract. 9 U.S.C. § 2. Any state law saying otherwise is preempted by federal law. Southland Corp. v. Keating, 465 U.S. 1, 16 (1984). One key aspect of the Act was to provide subpoena powers to arbitrators, analogous to powers bestowed on judges. Subpoenas are, …
Feliu Case Summaries, February 2026
Prepared by Alfred Feliu, a Fellow of the College of Commercial Arbitrators, the Feliu Case Summaries (February 2026) provide a practical snapshot of notable, recent decisions shaping arbitration and ADR across U.S. federal and state courts. Organized by topic, the digest highlights key developments affecting arbitration agreements, threshold jurisdictional disputes, delegation and waiver arguments, unconscionability challenges, class and representative action issues, hearing and evidentiary …
Ep. 4 Summit II: A Centennial Celebration of the FAA
In this episode of CCA Arbitration Talk, we look ahead to a pivotal moment in the evolution of commercial arbitration: Summit II, hosted by the College of Commercial Arbitrators (CCA) on June 5, 2025, in Washington, D.C. The event marks the 100th anniversary of the Federal Arbitration Act (FAA) and brings together key stakeholders in the arbitration community to reflect, reimagine, and update commercial arbitration protocols for the next century. CCA Arbitration …
SCOTUS Holds That When Parties Enter into Multiple Contracts Containing Conflicting Dispute Resolution Provisions, A Court, Not an Arbitrator, Must Decide Which Contract Governs
In Coinbase v. Suski, 610 U.S. __ (May 23, 2024) (“Coinbase”), SCOTUS resolved a very narrow legal question based upon a highly specific factual scenario. The parties entered into two contracts. The earlier contract contained an arbitration clause specifically delegating issues of arbitrability to an arbitrator. The subsequent contract contained a forum selection clause requiring litigation of disputes in the California courts. The case called upon SCOTUS to decide whether an arbitrator or a …
SCOTUS Holds That Transportation Worker Need Not Work in Transportation Industry to Qualify for FAA Section 1 Exemption
On April 12, 2024, in Bissonnette v. LePage Bakeries St., LLC (“Bissonnette”), the U.S. Supreme Court unanimously resolved a split in the U.S. Courts of Appeal concerning the scope of the exemption in Section 1 of the Federal Arbitration Act (“FAA”) for "contracts of employment of seamen, railroad employees, or any other class of workers engaged in foreign or interstate commerce." Last Term, in Southwest Airlines Co. v. Saxon (“Saxon”), SCOTUS had held that “any class of workers directly …
Section 3 of the Federal Arbitration Act: Why it’s important
While hunkering down and avoiding freezing weather, the Aardvark* came across an important arbitration case where the Supreme Court granted certiorari on January 12 of this year on the following issue: Whether Section 3 of the Federal Arbitration Act requires district courts to stay a lawsuit pending arbitration, or whether district courts have discretion to dismiss when all claims are subject to arbitration. Section 3 references staying the court proceeding, but many …
SCOTUS Requires Stay of Proceedings Pending Interlocutory Appeals of Orders Denying Arbitration
Section 16(a) of the Federal Arbitration Act (“FAA”) authorizes an interlocutory appeal from a federal district court order denying a motion to compel arbitration. On Friday, June 23, 2023, a sharply-divided U.S. Supreme Court ruled in Coinbase, Inc. v. Abraham Bielski (No. 22–105) that if such an interlocutory appeal is filed, the order denying the motion to compel arbitration must be stayed pending the outcome of the appeal. The practical effect of the ruling in Coinbase is that a party’s …
US Arbitration Subpoenas Have Nationwide Scope!
I hardly come out of my burrow,* and then only at night, so I was pretty interested to hear about a recent federal appellate decision holding that arbitration subpoenas in the US have nationwide scope. That’s the outcome in Jones Day v. Orrick, 42 F. 4th 1131 (9th Cir. 2022), a recent decision regarding an arbitration between two big law firms. The Ninth Circuit ruled that arbitration subpoenas have nationwide scope. So what’s this all about? Well, we all know that …
