Ruling on an important Federal Arbitration Act (FAA) procedural issue that has divided the circuit courts, the U.S. Supreme Court has decided that the “look-through” approach often used in determining whether federal jurisdiction exists to decide motions to compel arbitration filed under Section 4 of the FAA does not apply to motions to confirm or vacate arbitration awards filed under Sections 9 and 10 of that statute. … Continue Reading
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SCOTUS agrees to hear case on federal court jurisdiction to confirm or vacate arbitration awards
By Martin C. Bryce, Jr. on
Posted in Arbitration, Litigation and Court Decisions
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.”… Continue Reading