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Editor: Mitchell H. Rubinstein
New York Law School

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Monday, December 9, 2013

Sullivan and Glynn: The FAA Triumphal: A Modest Opinion

Seton Hall Law School Professors Tim Gynn and Charlie Sullivan, both giants in this field, just posted a very unusual article on arbitration that readers may find of interest. It can be downloaded at no charge here. Professor Gynn blogged about it here

The article is unusual because it is not really an article. It is written in the form of U.S. Supreme Court decision by Justice Scalia. The article/case addresses whether the failure of a contract to mention the word "arbitration" prevents a court from finding that the parties intended disputes under that agreement to be arbitrated. The article/case concludes that this would not prevent arbitration because there is a strong presumption in favor of arbitration. 

Interestingly, the article/case, however failed to cite the Steelworkers Trilogy line of cases which squarely held that there was a presumption in favor of arbitrability. Now, those cases were decided under Section 301, not the FAA. But is there a difference? I do not think so, particularly after Pyett.

The article only cited one law review article. Many Supreme Court decisions do not even cite one. Hopefully, the Court will recognize the value of good legal scholarship.

Mitchell H .Rubinstein

Hat Tip: Tim Gynn 

http://lawprofessors.typepad.com/adjunctprofs/2013/12/sullivan-and-glynn-the-faa-triumphal-a-modest-opinion.html

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Comments

Hi Tim. Thank you for pointing that out. It is really of great help!

Posted by: Rebecca | Dec 10, 2013 6:05:22 AM

Court will definitely recognize the value of good legal scholarship. Really interesting article.

Posted by: Joana | Dec 13, 2013 5:46:42 AM

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