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Supreme Court Preview: An Airline and an Employee Will Argue Over the Reach of an Exclusion from the Federal Arbitration Act

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By Russ Bleemer The U.S. Supreme Court reconvenes Monday morning to hear oral arguments in the third of four arbitration matters before the justices in a nine-day period. Southwest Airlines Co. v. Saxon, No. 21-309, may have the biggest impact on workers of any of the cases.  It presents a Federal Arbitration Act Sec. 1 … Continue reading Supreme Court Preview: An Airline and an Employee Will Argue Over the Reach of an Exclusion from the Federal Arbitration Act

Supreme Court Hears Arguments on Whether Section 1782 Allows Discovery for Use Before International Arbitration Tribunals

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By John Pinney & Russ Bleemer The U.S. Supreme Court today heard almost two hours of argument on whether 28 U.S.C. § 1782 allows parties to seek a federal district court order for discovery of evidence for use before international arbitral tribunals.   In consolidated cases this morning, the Court not only heard arguments from the … Continue reading Supreme Court Hears Arguments on Whether Section 1782 Allows Discovery for Use Before International Arbitration Tribunals

Supreme Court Preview: Wednesday’s Combined Arguments Will Seek to Extend Federal Discovery Law to Arbitration Tribunals

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By Tamia Sutherland The U.S. Supreme Court will continue its two-week, four-argument deep dive into arbitration law and practice on Wednesday morning with an international law case.  It will consider the consolidated arguments in ZF Automotive US Inc. v. Luxshare Ltd., No. 21-401, and AlixPartners LLP v. The Fund for Protection of Investor Rights in … Continue reading Supreme Court Preview: Wednesday’s Combined Arguments Will Seek to Extend Federal Discovery Law to Arbitration Tribunals

Supreme Court Reviews the Role of Prejudice to a Party in Determining Arbitration Waiver

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By Russ Bleemer This morning’s U.S. Supreme Court arbitration arguments in Morgan v. Sundance Inc., No. 21-328, reviewed what appeared to be a simple case of whether a plaintiff needs to show prejudice as a pivotal factor in claiming that a defendant has waived its right to arbitration. But it wasn’t so simple. The arguments … Continue reading Supreme Court Reviews the Role of Prejudice to a Party in Determining Arbitration Waiver

Supreme Court Preview:  Monday’s Morgan Argument Expected to Define When a Party Waives Its Contractual Rights, Kicking Off Two Weeks of #Scotus #Arbitration Cases

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By Russ Bleemer Monday morning’s U.S. Supreme Court arguments in Morgan v. Sundance Inc., No. 21-328, are the opening act for two weeks in which the nation’s top Court will take a deep dive into arbitration law and practice. The Court’s unprecedented 2021-2022 term arbitration docket includes six cases, two of which are consolidated into … Continue reading Supreme Court Preview:  Monday’s Morgan Argument Expected to Define When a Party Waives Its Contractual Rights, Kicking Off Two Weeks of #Scotus #Arbitration Cases

US Supreme Court to Review Whether Private Attorney General Action Can Be Waived by an Arbitration Agreement

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By Mark Kantor Continuing its focus on arbitration, the U.S. Supreme Court yesterday granted certiorari in Viking River Cruises v. Moriana, No. 20-1573, where the question presented is whether the Federal Arbitration Act requires enforcement of an arbitration agreement that waives a signatory’s ability to bring a labor law claim on behalf of California labor law agencies in … Continue reading US Supreme Court to Review Whether Private Attorney General Action Can Be Waived by an Arbitration Agreement

International Arbitration Is Back at the Supreme Court with Today’s Cert Grant on Two Section 1782 Cases

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By John Pinney The U.S. Supreme Court this afternoon granted certiorari on two Section 1782 cases, ZF Automotive US Inc. v. Luxshare Ltd., No. 21-401, and AlixPartners LLP v. The Fund for Protection of Investor Rights in Foreign States, No. 21-518. By accepting these cases, the nation’s top Court has again agreed to decide whether … Continue reading International Arbitration Is Back at the Supreme Court with Today’s Cert Grant on Two Section 1782 Cases

U.S. Supreme Court Adds an Arbitration Issue: Is Proof of Prejudice Needed to Defeat a Motion to Compel?

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By Mark Kantor This morning, the U.S. Supreme Court granted certiorari and agreed to hear the petition in Morgan v. Sundance, Inc., No. 21-328, in which the Question Presented is: Does the arbitration-specific requirement that the proponent of a contractual waiver defense prove prejudice violate this Court’s instruction [in AT&T Mobility LLC v. Concepcion, 563 U.S. 333, 339 (2011)] … Continue reading U.S. Supreme Court Adds an Arbitration Issue: Is Proof of Prejudice Needed to Defeat a Motion to Compel?

CPR Asks Supreme Court to Consider Another Foreign Tribunal Evidence Case

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The International Institute for Conflict Prevention and Resolution has asked the U.S. Supreme Court to hear a case on the extent of a law allowing U.S. federal courts to grant requests from foreign tribunals for discovery on U.S. persons as defined under the statute.   The question in AlixPartners LLP, et al. v. The Fund … Continue reading CPR Asks Supreme Court to Consider Another Foreign Tribunal Evidence Case

Supreme Court Hears Badgerow, and Leans to Allowing Federal Courts to Broadly Decide on Arbitration Awards and Challenges

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By Russ Bleemer The U.S. Supreme Court expressed skepticism this morning about a petitioner’s argument that federal court jurisdiction over an arbitration matter under Federal Arbitration Act Sec. 4 on enforcing the submission to the ADR process does not also carry federal jurisdiction over to later FAA sections on confirming and overturning awards. Today’s arguments … Continue reading Supreme Court Hears Badgerow, and Leans to Allowing Federal Courts to Broadly Decide on Arbitration Awards and Challenges