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Arbitration Federal Jurisdiction

Arbitration is a widely-used method for settling disputes between parties. During arbitration, parties submit their dispute to an impartial third person or party, usually chosen by the parties. Typically, parties... more +
Arbitration is a widely-used method for settling disputes between parties. During arbitration, parties submit their dispute to an impartial third person or party, usually chosen by the parties. Typically, parties to arbitration agree in advance to be bound by the arbitrator's decision. Arbitration is an alternative to litigation, but it shares many of the familiar features of litigation. Namely, parties to arbitration hold hearings before neutral decision-makers, present evidence and argue the merits of their position. Parties often choose arbitration due to its perceived advantages over litigation. Those perceived advantages include greater efficiency and flexibility, and lower costs. less -
Stoel Rives LLP

What to Consider When Analyzing Dispute Resolution Provisions

Stoel Rives LLP on

Many owners, contractors, and design professionals take a “boilerplate” approach to dispute resolution provisions and don’t consider the risks specific to the project at issue. Parties also often wait until an actual dispute...more

DarrowEverett LLP

Morgan v. Sundance, Inc., and its Implications Pertaining to Litigants and the Right to Arbitrate

DarrowEverett LLP on

The use of arbitration clauses and agreements is not infrequent, forcing federal and state courts to address the enforceability of such agreements on numerous grounds. Courts have created variants of federal procedural rules,...more

Nelson Mullins Riley & Scarborough LLP

Arbitration Clauses as Separate Executory Contracts

This term, Supreme Court Justice Elena Kagan has authored a pair of opinions related to arbitration. The first of these decisions, Badgerow v. Walters, 20-1143, 142 S. Ct. 1310 (2022) came down on March 31, 2022, where...more

Felicello Law PC

You Can’t Always Get What You Want (In Federal Court)

Felicello Law PC on

We all know that federal courts are courts of limited jurisdiction. What does that mean in the arbitration context? Something new as of March 31st! Federal courts do not have stand-alone jurisdiction to hear any...more

Proskauer - Minding Your Business

Supreme Court Limits Federal Court Jurisdiction to Vacate or Confirm Arbitration Awards

In an 8-1 decision, the United States Supreme Court recently held in Badgerow v. Walters that federal courts may not examine the substance of arbitration disputes to establish federal question jurisdiction under Sections 9...more

K&L Gates LLP

Look At Me, Not Through Me: Supreme Court Limits Federal Jurisdiction for Post-Arbitration Award Petitions

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On 31 March 2022, the United States Supreme Court in Badgerow v. Walters limited federal subject matter jurisdiction over post-arbitration award petitions under the Federal Arbitration Act (FAA) §§ 9 and 10. After years of...more

Porter Hedges LLP

Supreme Court Narrows Subject Matter Jurisdiction in Arbitration

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On March 31, 2022, the United States Supreme Court issued an important decision regarding federal courts’ subject matter jurisdiction to confirm, vacate, or modify arbitral awards under Sections 9 and 10 of the Federal...more

Parker Poe Adams & Bernstein LLP

Supreme Court Limits Federal Jurisdiction over Arbitration Awards

Last week in Badgerow v. Walters, the United States Supreme Court held in an 8-1 decision that under the Federal Arbitration Act, a federal court cannot consider an underlying dispute to determine whether it has federal...more

Fox Rothschild LLP

U.S. Supreme Court Rules That Petitions to Confirm or Vacate Arbitration Awards Cannot Be Brought In Federal Court Simply Because...

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The U.S. Supreme Court has ruled that, unlike petitions to compel arbitration, petitions to confirm or vacate an arbitration award cannot be brought in federal court simply because the underlying dispute involves a federal...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Supreme Court’s New Arbitration Ruling: Limits Federal Jurisdiction For Confirming or Challenging Arbitration Awards Under the FAA

On March 31, 2022, the Supreme Court of the United States issued a decision in Badgerow v. Walters, No 20-1143, addressing when federal courts have jurisdiction to rule on motions to confirm, modify, or vacate arbitration...more

McGlinchey Stafford

Through the Looking Glass: Courts Cannot “Look Through” Arbitration Motion to Establish Jurisdiction

McGlinchey Stafford on

In a nearly unanimous opinion, the United States Supreme Court recently held in Badgerow v. Walters that a district court cannot “look through” to the underlying controversy in order to support jurisdiction to decide a motion...more

BakerHostetler

The Vote is In, FAA Sections 9 And 10 Do Not Provide “Look-Through” Jurisdiction to Confirm or Modify Arbitral Awards

BakerHostetler on

Our prior blog articles predicted that the outcome in Badgerow v. Walters, No. 20-1143, might turn on whether the plain text of the Federal Arbitration Act (FAA) or its purposes would prevail. See our June 16 and Nov. 9, 2021...more

Holland & Knight LLP

Federal Jurisdiction Limited When Confirming or Setting Aside Domestic Arbitration Awards

Holland & Knight LLP on

In a recent decision involving arbitration, the U.S. Supreme Court held that federal courts do not have subject-matter jurisdiction to confirm or vacate a domestic arbitration award under Sections 9 and 10 of the Federal...more

Burr & Forman

SCOTUS: No Look-Through Jurisdiction for Arbitration Confirmation or Vacatur

Burr & Forman on

The U.S. Supreme Court held March 31, 2022, that the Federal Arbitration Act (“FAA”) does not allow federal courts to “look through” to the dispute underlying an arbitration to establish jurisdiction to confirm or vacate an...more

Fox Rothschild LLP

Update On Badgerow Petition For Certiorari: Supreme Court To Review Standard For Determining Federal Court Jurisdiction Over...

Fox Rothschild LLP on

The Supreme Court has granted certiorari on an issue involving domestic arbitration that has divided the federal courts of appeal (Badgerow v. Walters, Docket No. 20-1143): Do federal courts have subject-matter...more

Carlton Fields

Fifth Circuit Remands To Determine Whether Jurisdiction Existed For Appeal Of Denial Of Motion To Compel Arbitration

Carlton Fields on

The underlying dispute involved allegations of breach of warranty and deceptive trade practices based on a sale of an allegedly defective car. The Fifth Circuit explained that the FAA, which governed the alleged arbitration...more

Carlton Fields

Ninth Circuit Affirms Denial Of Motion To Compel Arbitration For Lack Of Federal Jurisdiction

Carlton Fields on

The Ninth Circuit affirmed a district court’s dismissal of a plaintiff’s RICO claim, and thus found the district court lacked independent federal jurisdiction to compel arbitration of the dispute under the Federal Arbitration...more

Carlton Fields

Second Circuit Court Of Appeals Allows Federal Courts To “Look Through” § 10 FAA Petition To Determine Federal Jurisdiction

Carlton Fields on

The United States Court of Appeals for the Second Circuit has reversed its own precedent to allow federal courts examining petitions under § 10 of the FAA to “look through” the petition to examine if there is federal...more

Burr & Forman

Circuits Split on “Look-Through” Jurisdiction Over Arbitration Awards

Burr & Forman on

Within weeks, the Second and Third Circuits reached opposite conclusions over federal jurisdiction to confirm, modify or vacate arbitration awards.  The Second Circuit now allows courts to look through the face of the...more

Thomas Fox - Compliance Evangelist

HorrorFest 2015 Celebration I- The Films of Val Lewton and a Win for the DOJ

Today, October 2, is the first Friday in October so I begin my annual month of Friday HorrorFest Film highlights. This year I wanted to highlight the films of one of the great unknowns of horror films, Val Lewton. Lewton, a...more

Proskauer - Corporate Defense and Disputes

Second Circuit Extends Scope of Federal Jurisdiction In Litigation Arising From The Facebook IPO

In a recent case arising from the Facebook IPO, NASDAQ OMX Group v. UBS Securities, LLC, No. 13-Civ. 2657 (2d Cir. October 31, 2014), the Second Circuit determined that the federal courts had jurisdiction to enjoin an...more

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