Jurisdiction, Split of Authority, Motion to Compel

In Big Win for Employers, U.S. Supreme Court Rules Court Proceedings Must Be Stayed During Appeal Over Arbitration

Ogletree, Deakins, Nash, Smoak & Stewart,... on 6/26/2023

On June 23, 2023, the Supreme Court of the United States held district court proceedings must be put on hold during an appeal on the question of whether claims are subject to arbitration. The ruling is a big win for...more

US Supreme Court weighs whether discovery should continue pending interlocutory appeal

Eversheds Sutherland (US) LLP on 3/27/2023

Last week the US Supreme Court heard arguments regarding whether the interlocutory appeal of a denial of a motion to compel arbitration should also automatically stay proceedings in the trial court such as discovery. The...more

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

Ogletree, Deakins, Nash, Smoak & Stewart,... on 12/15/2022

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

After Granting a Motion to Compel Arbitration, a Court Operating Under the FAA Should Stay, Not Dismiss, the Pending Suit. And...

Mintz - Arbitration, Mediation, ADR... on 8/14/2018

After granting a motion to compel arbitration, should a court operating under the FAA stay or dismiss the pending judicial proceeding? While the federal circuit courts are split on the question, the better rule seems to be...more

Only in America: The Controversy Concerning Federal Jurisdiction Over Motions to Confirm, Vacate, or Modify Arbitral Awards

Mintz - Arbitration, Mediation, ADR... on 5/8/2017

In most countries, it is uncontroversial that a court sitting at the situs of an arbitration has jurisdiction to adjudicate a petition to confirm or vacate or modify an award issued in that arbitration. In the United States...more

Think Your Arbitration Award Is Final? Maybe “Look Through” It Again

Proskauer - Minding Your Business on 10/12/2016

The question of federal court jurisdiction over arbitration proceedings has historically led to different conclusions. A few years ago, the United States Supreme Court clarified in Vaden v. Discover Bank that Section 4 of...more