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Arbitration, 24 Years After 'Mitsubishi'

Published in the New York Law Journal
Article | May 11, 2009

Twenty-four years ago, the U.S. Supreme Court ruled, in Mitsubishi Motors Corp. v. Soler Chrysler-Plymouth, Inc., that an international antitrust dispute was subject to arbitration under the Federal Arbitration Act (FAA). The case overturned established law that antitrust claims were so complex and important they could only be properly handled by the courts.

In the nearly 25 years since Mitsubishi, arbitration has been extended to purely domestic antitrust disputes and a modest number of such cases have now gone to arbitration. This article focuses on some of the key questions that arise when a party seeks to arbitrate an antitrust case.

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