The United States Supreme Court granted certiorari in Badgerow v. Walters, No. 20-1143 on May 17, 2021. The question presented is “[w]hether federal courts have subject matter jurisdiction to confirm or vacate an arbitration award under Sections 9 and 10 of the [Federal Arbitration Act (“FAA”)] where the only basis for jurisdiction is that the underlying dispute involved a federal question.”
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Introduction The Supreme Court’s decision in Vaden v. Discover Bank, 556 U.S. 49 (2009), held that district courts can “look through” a motion to compel arbitration to the underlying...
By Kristen BlankleyThere has been a lot of recent legislative action aimed at reining in forced arbitration clauses in consumer and employee contracts. Sherrod Brown’s Arbitration Fairness for Consumers Act (“Consumer Act”)...
By Brittany Munn, Colin RuleIn this round of Arbitration Tips-N-Tools, Professor Amy Schmitz asks some of the leading arbitration practitioners about building rapport with parties during online arbitration (OArb), especially in a digital world,...
By Oladeji Tiamiyu, Myriam Seers, Olof Heggemann, Amy Schmitz
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