Please use this identifier to cite or link to this item: http://hdl.handle.net/10739/3216
Title: New prime Inc. v. Oliveira: Are the judicial pronouncements no longer superior and the text in the federal arbiration act inferior?
Authors: Fox, William F.
Dautaj, Ylli
O. P. Jindal Global University
Keywords: New Prime Inc. v. Oliveira
Federal Arbitration Act
Implications of New Prime Inc. v. Oliveira
Issue Date: 2019
Publisher: Diritto Commercio Internazionale
Citation: Fox, W. F. & Dautaj, Y. (2019). New prime Inc. v. Oliveira: Are the judicial pronouncements no longer superior and the text in the federal arbiration act inferior?’ Diritto Commercio Internazionale V.(3).
Abstract: Recently, Neil Gorsuch was appointed to the U.S. Supreme Court. In the aftermath we have seen a great deal of concern and apprehension within the legal community. Primarily, the fear is that the conservative bench will re-write the constitutional landscape in the U.S. by sticking to an “originalist” methodological approach to constitutional interpretation. The arbitration community has been less worried. Short after his appointment to the U.S. Supreme Court, however, Justice Neil Gorsuch wrote the decision in New Prime Inc v. Oliveira. This decision did not fit well into the liberal U.S. law of arbitration, which rests on the inferior role of the text and the superior role of the court in crafting a pragmatic law on arbitration. Corollary, the decision might inevitably push adversaries to the arbitral procedure to seek a limited arbitral autonomy by judicializing the procedure. The truth of the matter is that the logical and analytical approach to arbitration has had a lessened currency,while functionality took center stage by way of a heightened standing.
URI: http://hdl.handle.net/10739/3216
ISSN: 1593-2605
Appears in Collections:JGU Student Research Publications

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