Supreme Court of the United States
Hall Street Associates, L. L. C. v. Mattel, Inc. — Stevens, J., dissenting
March 25, 2008552 U.S. 576
Summary
Justice Stevens, joined by Justice Kennedy, dissenting. He argues the Federal Arbitration Act does not prohibit enforcement of arbitration agreements that provide for judicial review of errors of law. Stevens cites historical pre-FAA practice, the statute's purpose to enforce agreements according to their terms, and the role of §§ 10 and 11 as a shield against hostile courts. He would have affirmed the District Court's enforcement of the agreement's review provision. Justice Breyer, also dissenting, agrees the Act does not preclude enforcement and would remand to affirm.