With four Federal Arbitration Act (FAA) cases on the Supreme Court’s 2021-2022 docket — each involving a different, frequently litigated issue — expectations were high for significant new guidance regarding the FAA’s protection of arbitration agreements. Those seeking a limit to the FAA’s reach were hoping for an end to what they saw as a string of pro-arbitration rulings. Others anticipated expansion of prior FAA holdings enforcing arbitration agreements.
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