It is often said — by the Supreme Court among others — that there is a strong federal policy favoring international arbitration. Within the arbitration community, state policies and practices are frequently evaluated through the lens of how “pro arbitration” they are. But that assessment depends heavily on how the term is defined and applied. In practice, any given policy or approach may advance arbitration in some ways while constraining it in others.

Join Professor Bermann for a thoughtful exploration of whether we should take a more nuanced look at when, and to what extent, the “pro arbitration” label truly fits.