The Law on Evidence for Foreign Arbitrations Returns to the Supreme Court

By Bryanna Rainwater The question of whether a foreign or international tribunal includes arbitration panels for the purposes of providing evidence under a federal court order is back before the U.S. Supreme Court. The case is being briefed and is expected to be added for a conference in which the Court’s members will decide whether … Continue reading The Law on Evidence for Foreign Arbitrations Returns to the Supreme Court

Next at the Supreme Court: Badgerow’s Attempt to Reevaluate FAA Jurisdiction

By Bryanna Rainwater The U.S. Supreme Court has set the oral argument for Nov. 2 in Badgerow v. Walters, No. 20-1143, now the sole remaining arbitration case on the docket for the new term beginning next month. The issue the nation’s top Court will examine is whether federal courts have subject-matter jurisdiction to confirm or … Continue reading Next at the Supreme Court: Badgerow’s Attempt to Reevaluate FAA Jurisdiction

Case Dismissed: Supreme Court Lightens Its Arbitration Load as Servotronics Is Removed from 2021-22 Docket

By Bryanna Rainwater The U.S. Supreme Court has dismissed the first arbitration case it had accepted for this fall’s term. Servotronics Inc. v. Rolls-Royce PLC, et al., Docket No. 20-794, has been officially removed from the Supreme Court’s docket as of today, with the Oct. 5 opening week oral argument wiped off the schedule.  You … Continue reading Case Dismissed: Supreme Court Lightens Its Arbitration Load as Servotronics Is Removed from 2021-22 Docket

United States Submits Amicus Brief in Servotronics International Arbitration Supreme Court Case

By Cai Phillips-Jones Multiple parties have filed briefs concerning arbitration discovery rules in a case now before the U.S. Supreme Court for fall argument, Servotronics v. Rolls Royce, No. 794 (see the Court’s official docket at https://bit.ly/3ysbMrL).   In the case, the Court will decide the question of whether federal district courts can assist with … Continue reading United States Submits Amicus Brief in Servotronics International Arbitration Supreme Court Case

Supreme Court Again Declines a “Who Decides?” Case in Class Arbitration

By Russ Bleemer The U.S. Supreme Court this morning declined to hear a case that would have covered two issues that are familiar arbitration turf at the nation’s top court—whether rules incorporated into an ADR agreement are a specific-enough designation for the arbitration to go forward, and whether arbitrators can invoke class processes. The court … Continue reading Supreme Court Again Declines a “Who Decides?” Case in Class Arbitration

Roundup: Four New Arbitration Petitions Under Consideration at the U.S. Supreme Court

By Mylene Chan Four recent petitions for writs of certiorari pending before the U.S. Supreme Court raise a number of interesting arbitration issues. While the Court may decline to hear these cases, they are worth following because they could help to define the scope of arbitration in both consumer and commercial contexts. The cases are … Continue reading Roundup: Four New Arbitration Petitions Under Consideration at the U.S. Supreme Court

Supreme Court Adds an Arbitration Case for the 2021-2022 Term

By Mark Kantor Today is an important day in the US Supreme Court, as the Court agreed for the first time in many years to hear a case on abortion rights.  Court watchers will rightly focus extensively on that development. In far-less significant news, but perhaps of interest to the arbitration community, this morning the … Continue reading Supreme Court Adds an Arbitration Case for the 2021-2022 Term

A Two-Time Supreme Court Arbitration Matter Is Ready to Settle

By Russ Bleemer The long-running price-fixing matter between dental equipment suppliers that turned into an epic arbitration procedure fight, with two separate visits to the U.S. Supreme Court, appears to be over. Documents have been filed in a Texas federal court indicating that the parties have reached an agreement in Archer and White Sales Inc. … Continue reading A Two-Time Supreme Court Arbitration Matter Is Ready to Settle

The Next Arbitration Matter: Supreme Court Agrees to Decide Extent of Foreign Tribunal Evidence Powers

By Amy Foust The U.S. Supreme Court today granted review in Servotronics Inc. v. Rolls-Royce PLC, et al., No. 20-794, and will be the next arbitration case on the Court’s docket.  It will likely be heard in the term beginning in October. The case highlights law that had long appeared settled on whether foreign tribunals … Continue reading The Next Arbitration Matter: Supreme Court Agrees to Decide Extent of Foreign Tribunal Evidence Powers

Supreme Court Denies Review on the Interplay Between the U.S. Bankruptcy Code and the Federal Arbitration Act

By Amy Foust The Supreme Court today denied certiorari in GE Capital Retail Bank v. Belton, No. 20-481, an arbitration case in a bankruptcy matter.  The question presented by petitioner GE Capital, and rejected in this morning’s order list by the Court, was “whether provisions of the Bankruptcy Code providing for a statutorily enforceable discharge … Continue reading Supreme Court Denies Review on the Interplay Between the U.S. Bankruptcy Code and the Federal Arbitration Act