Naslov
Arbitrability in the United States – the Recent Decision of the Supreme Court in the CompuCredit corp. at. Al. v. Greenwood et.al

Autori
Zgrabljić Rotar, Dora

Izvornik
Croatian arbitration yearbook (1330-6219) 19 (2012); 99-114

Vrsta, podvrsta i kategorija rada
Radovi u časopisima, članak, znanstveni

Ključne riječi
arbitrability ; United States Supreme Court ; Federal Arbitration Act ; Credit Repair Organization Act ; CompuCredit v. Greenwood

Sažetak
Over the last thirty years, the United States Supreme Court has enacted an extreme pro- arbitration policy. After establishing that the Federal Arbitration Act reflects a liberal policy favouring arbitration, starting with the seminal decision in Mitsubishi Motors in which antitrust claims have been declared arbitrable in the United States, the Supreme Court has enforced arbitration agreements in matters that have traditionally been held non-arbitrable in almost every legal system. In recent years the Supreme Court has enforced arbitration clauses in consumer contracts of adhesion justifying it by the strong federal policy in favour of arbitration. The last one in the stream of decisions – CompuCredit v. Greenwood – was rendered in January 2012. The Supreme Court held that Credit Repair Organization Act claims are arbitrable, even though the Act imposes an obligation to inform the buyers that they have a non-waivable right to sue the credit repair organization. In this paper the decision in CompuCredit is analyzed with the emphasis on the inconsistencies in the Court’s argumentation.

Izvorni jezik
Engleski

Znanstvena područja
Pravo

POVEZANOST RADA