Arbitrating “Arbitrability”

“The respective roles of courts and arbitral tribunals is, in one form or another, the foundational, primal question around which our whole law of arbitration revolves. True, there is nothing here that hasn’t been said often before (and often enough–although that can hardly be thought to make things any better–by me). The outlines should be abundantly familiar by now. But the endless downpour of cases, and the overgrowth of commentary (inevitable after heavy rains) suggest that it may still be necessary to clear away some brush. It is somewhat easier for me to justify going over all this ground again in this brief exercise, when I bear in mind Johnson’s admonition that ‘men more frequently require to be reminded than informed.’” – Rau, Introduction paragraph.

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