In a previous post, we addressed what may happen when a defendant in federal litigation seeks to compel arbitration under Ch. 1 of the Federal Arbitration Act (“FAA”), 9 U.S.C. § 4, but the applicable arbitration agreement...more
When an agreement to arbitrate contains a clear and unmistakable “delegation” provision, gateway questions of arbitrability are for the arbitrator to decide. See, e.g., Kubala v. Supreme Prod. Servs., 830 F.3d 199, 201-02...more
As discussed in an earlier post, obtaining discovery from a non-party to an arbitration often is easier said than done. Depending on the law of the place of arbitration, arbitrators may not be able to compel document...more
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
5/8/2017
/ Arbitration Awards ,
Diversity Jurisdiction ,
Federal Arbitration Act ,
Federal Jurisdiction ,
Federal Question Jurisdiction ,
Jurisdiction ,
Motion to Compel ,
Motion to Vacate ,
SCOTUS ,
Split of Authority ,
Subject Matter Jurisdiction