U.S. Supreme Court Subordinates Enforcement of Regulatory Statutes to Enforcement of Arbitration Agreements

Authors

Christine L. Davitz

First Page

59

Abstract

Through a series of cases culminating with Vimar Seguros Y Reaseguros v. M/V Sky Reefer, the U.S. Supreme Court has developed a strong pro-arbitration stance regarding disputes arising out of international commercial contracts. This Note analyzes the Court's reasons for this stance and compares those reasons with the history and purposes of the Federal Arbitration Act and the New York Convention. The author concludes that the Court's reasons are at odds with the FAA and the New York Convention. The Note further articulates the dangers posed to U.S. public policies that are created by allowing arbitration of statutory claims. The author argues that the Court has expanded the scope of arbitrable issues behind that which was intended by the FAA and the New York Convention and to a point dangerously close to unraveling U.S. regulatory schemes.

Recommended Citation

Christine L. Davitz, U.S. Supreme Court Subordinates Enforcement of Regulatory Statutes to Enforcement of Arbitration Agreements, 30 Vanderbilt Law Review 59 (2021)
Available at: https://scholarship.law.vanderbilt.edu/vjtl/vol30/iss1/2