American Express Co. v. Italian Colors Restaurant - 12-133 (2013)
SUPREME COURT OF THE UNITED STATES
AMERICAN EXPRESS COMPANY, et al., PETITIONERS v. ITALIAN COLORS RESTAURANT et al.
on writ of certiorari to the united states court of appeals for the second circuit
[June 20, 2013]
Justice Thomas, concurring.
I join the Court’s opinion in full. I write separately to note that the result here is also required by the plain meaning of the Federal Arbitration Act. In AT&T Mobil- ity LLC v. Concepcion, 563 U. S. ___ (2011), I explained that “the FAA requires that an agreement to arbitrate be enforced unless a party successfully challenges the forma- tion of the arbitration agreement, such as by proving fraud or duress.” Id., at ___ (concurring opinion) (slip op., at 1–2). In this case, Italian Colors makes two arguments to support its conclusion that the arbitration agreement should not be enforced. First, it contends that enforcing the arbitration agreement “would contravene the policies of the antitrust laws.” Ante, at 4. Second, it contends that a court may “invalidate agreements that prevent the ‘ef- fective vindication’ of a federal statutory right.” Ante, at 6. Neither argument “concern[s] whether the contract was properly made,” Concepcion, supra, at ___ (Thomas, J., concurring) (slip op., at 5–6). Because Italian Colors has not furnished “grounds . . . for the revocation of any contract,” 9 U. S. C. §2, the arbitration agreement must be enforced. Italian Colors voluntarily entered into a con- tract containing a bilateral arbitration provision. It cannot now escape its obligations merely because the claim it wishes to bring might be economically infeasible.