News & Analysis as of

Arbitration Supreme Court of the United States Certiorari

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 -
ArentFox Schiff

No More Surprise Medical Bills: Fifth Circuit Affirms Vacatur of Arbitration Provisions of Surprise Billing Rules (TMA II)

ArentFox Schiff on

On August 2, health care providers scored yet another significant victory when the US Court of Appeals for the Fifth Circuit affirmed the vacatur of various federal regulations regarding the arbitration procedures used to...more

Jackson Lewis P.C.

Resolving Circuit Split, U.S. Supreme Court Says Courts ‘Shall’ Stay Cases Sent to Arbitration

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“Shall” means “shall” in the Federal Arbitration Act (FAA), a unanimous U.S. Supreme Court held in Smith v. Spizzirri, No. 22–1218 (May 16, 2024). The Court explained the language in the FAA providing a court “shall on...more

Fox Rothschild LLP

U.S. Supreme Court Decides that Federal Courts Should Stay, Rather than Dismiss, Cases that Are Subject to Arbitration, If One...

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The U.S. Supreme Court has decided an issue concerning cases that are subject to arbitration that has divided the federal courts of appeals: when the claims at issue in a federal court suit are subject to arbitration, does...more

McGlinchey Stafford

SCOTUS Unanimous: Order Compelling Arbitration Requires Court to Stay, not Dismiss Case

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On May 16, 2024, the Supreme Court unanimously held that when a district court compels claims to arbitration and a party has requested a stay under section 3 of the Federal Arbitration Act (FAA), the district court is...more

Fox Rothschild LLP

In Arbitration, Shall Means Shall

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The Supreme Court issued a decision Thursday in a case named Smith, et al. v. Spizzirri, et al., that has significant import for the franchise community. Many, if not the vast majority of, franchise agreements contain clauses...more

Carlton Fields

Classified Monthly: A Roundup of Class Action Decisions From Federal Appellate Courts – January 2024

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The Roundup is a monthly publication that covers the previous month’s notable class action decisions from federal appellate courts, as well as notable Supreme Court cert petitions related to class actions....more

Dunlap Bennett & Ludwig PLLC

Supreme Court To Review Arbitration Dispute Resolution Case

The Supreme Court’s decision to grant certiorari in Wendy Smith et al. v. Keith Spizzirri et al. shines a spotlight on a pivotal issue within the realm of arbitration dispute resolution. This case underscores a significant...more

Fox Rothschild LLP

U.S. Supreme Court to Decide Whether Federal Courts Have Authority to Dismiss, Rather than Stay, Cases that Are Subject to...

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The U.S. Supreme Court has agreed to decide an issue concerning cases that are subject to arbitration that has divided the federal appeals courts: when the claims at issue in a federal court suit are subject to arbitration,...more

Troutman Pepper

Supreme Court to Decide Whether District Courts Have the Discretion to Dismiss Cases Subject to Arbitration

Troutman Pepper on

Recently the U.S. Supreme Court granted the petition for certiorari in Smith v. Spizzirri, which presents the question of whether § 3 of the Federal Arbitration Act (FAA) requires district courts to issue a stay pending...more

Dorsey & Whitney LLP

The Supreme Court Update - January 18, 2024

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On Friday, January 12, the Supreme Court of the United States granted certiorari in five cases: Smith v. Spizzirri, No. 22-1218: This case involves the interpretation of Section 3 of the Federal Arbitration Act (“FAA”),...more

Snell & Wilmer

SCOTUS Takes Up Circuit Split on Staying or Dismissing Lawsuits in the Face of Arbitration Agreements

Snell & Wilmer on

On January 12, 2024, the U.S. Supreme Court granted certiorari in Wendy Smith, et al. v. Keith Spizzirri, et al. The Court’s review should resolve a split in the U.S. Circuit Courts of Appeal as to whether, when presented...more

Fenwick & West LLP

SCOTUS to Weigh Whether a Court or Arbitrator Should Decide if a Subsequent Agreement Narrows a Preceding Arbitration Agreement...

Fenwick & West LLP on

The United States Supreme Court recently granted a petition for certiorari to review a Ninth Circuit decision and resolve the issue of whether, when parties enter into an arbitration agreement with a delegation clause, the...more

Manatt, Phelps & Phillips, LLP

Mandatory Stay for Arbitrability Appeals, Supreme Court Rules

In a victory for parties seeking to compel arbitration, the U.S. Supreme Court held that a district court must stay the proceedings when a party seeks interlocutory appeal of an order denying a motion to compel arbitration....more

Katten Muchin Rosenman LLP

Coinbase, Inc. v. Bielski: Interlocutory Appeals on the Question of Arbitrability Automatically Stay District Court Proceedings

On Friday, the Supreme Court ruled five to four that a district court is required to stay pre-trial and trial proceedings while a decision on interlocutory appeal as to the question of arbitrability is ongoing. In an opinion...more

Kilpatrick

SCOTUS grants cert. to determine whether an appeal of an order denying a motion to compel arbitration automatically stays district...

Kilpatrick on

Takeaway: To control litigation risk, a business might include an arbitration clause and class action waiver in its consumer-facing terms and conditions. When a consumer files a putative class action against that business,...more

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

Supreme Court to Hear Case on Whether Lawsuits are Stayed During Appeal of Denial of Motion to Compel Arbitration

On December 9, 2022, the Supreme Court of the United States granted a petition for certiorari in a case raising the question of whether a non-frivolous appeal to the denial of a motion to compel arbitration strips the...more

Morrison & Foerster LLP

Supreme Court To Settle Longstanding Split Over Stays Pending Arbitration Appeals

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The Supreme Court just agreed to review an important question at the intersection of arbitration law and appellate practice. Its ultimate decision in the case could provide a major boost to defendants seeking to enforce...more

Dorsey & Whitney LLP

The Supreme Court Update - December 9, 2022

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Today, the Supreme Court of the United States granted certiorari in four cases: Coinbase, Inc. v. Bielski, No. 22-105: This case presents an issue of federal arbitration law. The question presented is: Whether a...more

Snell & Wilmer

U.S. Supreme Court Closes the Door on Foreign Arbitration Discovery in the U.S.

Snell & Wilmer on

On June 13, the U.S. Supreme Court resolved a split among U.S. Circuit Courts of Appeal by holding that only an adjudicative body imbued with governmental authority is deemed a foreign or international tribunal under 28...more

Proskauer - Minding Your Business

Discovery Unlimited: The Supreme Court Set to Rule on Whether Parties to a Foreign Arbitration Can Order U.S. Discovery

The United States Supreme Court is finally set to resolve a Circuit split regarding whether district courts can order discovery for private commercial arbitrations abroad pursuant to 28 U.S.C. § 1782.  The Court granted...more

Foley Hoag LLP

Supreme Court Set to Decide Whether Section 1782 Discovery Can Be Compelled in Foreign-Seated Arbitrations

Foley Hoag LLP on

Under 28 U.S.C. § 1782, a District Court may compel a resident individual or company to provide discovery for use “in a proceeding in a foreign or international tribunal.” There is presently a circuit court split over what...more

ArentFox Schiff

Supreme Court Grants Review in Significant Arbitration Case Regarding PAGA 

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The United States Supreme Court has granted certiorari to address the important question of whether the Federal Arbitration Act ("FAA") requires the enforcement of an arbitration agreement that would require representative...more

Proskauer - California Employment Law

Good Tidings for the Holidays! The U.S. Supreme Court Finally Will Review (and May Bury) PAGA’s Anti-Arbitration Rule

While the California Supreme Court has repeatedly upheld arbitration agreements with class action waivers (as they must under the Federal Arbitration Act), in a now infamous (and controversial) decision from 2014, the court...more

Sheppard Mullin Richter & Hampton LLP

Supreme Court Set To Resolve Circuit Split Concerning Foreign Arbitration Discovery Rules

On December 10, 2021, the U.S. Supreme Court granted certiorari in two cases to determine whether district courts can compel discovery proceedings in private foreign arbitrations. The two consolidated cases are ZF Automotive...more

BakerHostetler

The Supreme Court Now To Determine the Boundaries of Federal Court Jurisdiction Over Federal Arbitration Act Proceedings

BakerHostetler on

The U.S. Supreme Court has now granted certiorari to decide if federal courts have subject matter jurisdiction to confirm or vacate an arbitration award under the Federal Arbitration Act (FAA), Sections 9 and 10.  9 U.S.C. §§...more

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