An arbitration blog by Prof. Imre Szalai
Yesterday, the Supreme Court granted cert in Smith v. Spizzirri, No. 22-1218. The issue in this case is whether section 3 of the FAA requires federal courts to stay a lawsuit pending arbitration, or whether courts have discretion to dismiss Continue Reading
Last week, the Supreme Court granted cert in an arbitration matter involving a Dogecoin dispute, Coinbase, Inc. v. Suski. This case involves a “delegation” arbitration clause, whereby parties agree to arbitrate threshold arbitrability matters. More specifically, when parties enter into Continue Reading
Earlier today, the Supreme Court issued its decision in Coinbase, Inc. v. Bielski, No. 22-105 (U.S. June 23, 2023) (click here for a copy of the decision). If a district court denies a motion to compel arbitration, and then the Continue Reading
On Tuesday, August 9, 2022, from 11am to 12:30pm PDT (1pm to 2:30pm central), I am participating in an online panel discussion regarding the Supreme Court’s five unprecedented arbitration decisions from last term. I’ll be joining Prof. Sarah Cole, Prof. Continue Reading
Earlier today, the Court issued its decision in Viking River Cruises, Inc. v. Moriana, No. 20-1573 (June 15, 2022) (click here for a copy of the decision). This case involves a clash between California’s Private Attorneys General Act (PAGA) and Continue Reading
The United States Supreme Court just issued its unanimous decision in Morgan v. Sundance, Inc., No. 21-328 (U.S. May 23, 2022) (click here for a copy of the decision). In a nutshell, prejudice is not a required condition to find Continue Reading
Earlier today, the Supreme Court issued its decision in Badgerow v. Walters, No. 20-1143 (U.S. March 24, 2022) (click here for a copy of the decision). The Court rejected a uniform theory of jurisdiction for FAA proceedings. The “look-through” jurisdictional Continue Reading
Several news outlets this morning are reporting that President Biden will be nominating Judge Ketanji Brown Jackson to serve on the Supreme Court. I’ve reviewed Judge Jackson’s opinions involving the Federal Arbitration Act (FAA), and I am impressed. She thoroughly Continue Reading
The Supreme Court just granted cert this morning to address the following issue: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 Continue Reading
The Supreme Court issued an order earlier today in the Henry Schein v. Archer & White arbitrability case, dismissing the writ of certiorari as improvidently granted (“DIG”). In this case, the Court had granted cert on the following issue:Whether a Continue Reading