The Supreme Court recently granted cert to address the issue of whether federal courts have subject-matter jurisdiction to confirm or vacate an arbitration award under Sections 9 and 10 of the Federal Arbitration Act when the only basis for jurisdiction is that the underlying dispute involved a federal question (Badgerow v. Walters, No. 20-1143).
Prof. Imre Szalai, suspects that the Court, to maintain a robust framework supporting arbitration, will extend the “look-through” approach adopted in Vaden (for motions to compel arbitration) to situations to confirm or vacate an arbitral award. He tends to view the FAA as a comprehensive, unitary statute, and so the jurisdictional theory from section 4 of the FAA could (and in his opinion should) arguably extend to the confirmation and vacatur of awards under sections 9 and 10. One contrary argument is that the FAA was never intended to cover the arbitral resolution of federal question/statutory claims, but that ship has long sailed.
Section 1782 of Title 28 of the United States Code (§1782) was enacted in 1964 to govern the authority of a federal district court in providing discovery assistance to proceedings...
By Brittany MunnIn this episode of the Arbitration Conversation Amy interviews Stephen J. Ware, the Frank Edwards Tyler Distinguished Professor of Law at the Kansas University School of Law. https://youtu.be/efCM0NMkpYc
By Stephen Ware, Amy SchmitzThis article was first published on the Thomson Reuters Practical Law Arbitration Blog, here. This three-part blog provides a diversity checklist to help retain and promote young and diverse talent...
By Hanna Roos
With the purchase of a Featured Membership, you will be shown on the front page of Arbitrate.com to web site visitors from your city and region (“state” if you are in the USA). You may appear in more than one city/region by purchasing additional locations.