When a claimant who is party to an arbitration agreement initiates litigation of arbitrable claims, the defendant in that case typically expects to be able to move successfully to compel arbitration under the Federal...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
Last month, we described the split among Federal Circuit Courts regarding the question of whether the Federal Arbitration Act (“FAA”), 9 U.S.C. § 3, mandates a stay rather than dismissal of a judicial proceeding after a...more
Under the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1 et seq., if a District Court compels arbitration of all of the claims that are before it, and thereupon dismisses the suit, its order compelling arbitration is final...more