Arbitrator as Judge . . . And Judge of Jurisdiction
The United States Supreme Court and Congress are embattled in a policy polemic over consumer arbitration. This polemic has encompassed questions regarding the delegation to private arbitrators of power to resolve business-to-consumer ("B2C") disputes. Supreme Court jurisprudence has continued to strengthen arbitral power and strict enforcement of arbitration agreements and awards under the Federal Arbitration Act ("FAA") over the past thirty years. Moreover, the Court has generally reached pro-business conclusions despite sending mixed messages regarding the extent of arbitrator's power and discretion.
Amy J. Schmitz, Arbitration Ambush in a Policy Polemic, 3 52 (2011).