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Textualism Still Dominates Justices' Arbitration Decisions

Matt Hurley, who specializes in domestic and international arbitrations, spoke to Law360 in an article discussing the Supreme Court’s approach to arbitration issues and the trend of justices favoring textualism. 

Matt said, “We’re seeing the court push back a bit on this notion that the Federal Arbitration Act requires arbitration as a matter of public policy, and that that public policy can somehow trump the actual language of the FAA. [The court is saying that] sort of analysis has it backwards, and that we need to start with the actual text of the FAA, and that if it requires arbitration, so be it.”