By holding that antitrust claims are arbitrable, the United States Supreme Court may have wanted to minimize, if not eliminate, the possibility that dilatory practices could thwart the international arbitral process. Faced with a potentially ruinous contractual relationship and the prospect of arbitration, a disgruntled party (like Soler) might find that it has no other remedy than postponing the day of reckoning. Raising the possibility that the entire transaction is illicit because of antitrust violations at least generates delay and might undermine the arbitration, staving off the possibility of resolution.
Thomas E. Carbonneau,
The Exuberant Pathway to Quixotic Internationalism: Assessing the Folly of Mitsubishi,
19 Vanderbilt Law Review
Available at: https://scholarship.law.vanderbilt.edu/vjtl/vol19/iss2/2