John Delikanakis on Federal Arbitration Act

SCOTUS Resolves Circuit Split Regarding Staying or Dismissing Lawsuits in the Face of Arbitration Agreements

On May 16, 2024, the U.S. Supreme Court unanimously held that where a district court is presented with a motion to stay and/or dismiss on the basis of an arbitration agreement, the plain language of the Federal Arbitration...more

5/22/2024 / Appeals , Arbitration Agreements , Dispute Resolution , Federal Arbitration Act , SCOTUS

Another Win for Arbitration at U.S. Supreme Court

By John S. Delikanakis On June 23, 2023, the U.S. Supreme Court held in Coinbase v. Bielski that U.S. district court proceedings are automatically stayed during a non-frivolous appeal of a denied motion to compel arbitration....more

6/30/2023 / Appeals , Arbitration , Automatic Stay , Class Action , Coinbase , Coinbase Inc v Bielski , Federal Arbitration Act , Griggs v Provident Disc Co , Motion to Compel , SCOTUS , Stays

RICO Statute May Be Used To Enforce Arbitration Awards by Foreign Nationals Says U.S. Supreme Court

On June 22, 2023, the U.S. Supreme Court ruled that the U.S. Racketeer Influenced and Corrupt Organizations Act, commonly known as the RICO statute, may be used to enforce a foreign arbitration award. The Court’s opinion in...more

6/23/2023 / Appeals , Arbitration , Arbitration Awards , Corporate Counsel , Enforcement , Federal Arbitration Act , Foreign Nationals , RICO , SCOTUS

U.S. Supreme Court Closes the Door on Foreign Arbitration Discovery in the U.S.

On June 13, the U.S. Supreme Court resolved a split among U.S. Circuit Courts of Appeal by holding that only an adjudicative body imbued with governmental authority is deemed a foreign or international tribunal under 28...more

6/16/2022 / Appeals , Arbitration , Certiorari , Corporate Counsel , Federal Arbitration Act , Foreign Arbitration Clauses , International Arbitration , SCOTUS

U.S. Supreme Court Resolves Circuit Split Regarding Waiver Analysis for Arbitration Provisions

On May 23, the U.S. Supreme Court resolved in Morgan v. Sundance whether a litigant seeking to establish waiver had to show prejudice resulting from an opposing party’s failure to timely enforce an arbitration provision under...more

5/25/2022 / Arbitration , Arbitration Agreements , Class Action , Class Action Arbitration Waivers , Employees , Employer Liability Issues , Employment Litigation , Fair Labor Standards Act (FLSA) , Federal Arbitration Act , Motion to Compel , Motion To Stay , SCOTUS , Unpaid Overtime

U.S. Supreme Court: More Limited Federal Court Jurisdiction Over Arbitration Awards

Earlier this week, the U.S. Supreme Court held that federal courts lack the authority to hear applications to confirm or vacate arbitral awards under Sections 9 and 10 of the Federal Arbitration Act (FAA) absent a...more

4/4/2022 / Arbitration Agreements , Federal Arbitration Act , SCOTUS

From the U.S. Supreme Court: The New York Convention Does Not Bar Non-Signatories to an Arbitration Agreement From Compelling...

The U.S. Supreme Court recently addressed whether a non-signatory’s attempt to compel arbitration under an international arbitration agreement using domestic doctrines of equitable estoppel is barred by the Convention on the...more

9/25/2020 / Appeals , Arbitration Agreements , Equitable Estoppel , Federal Arbitration Act , International Arbitration , Motion to Dismiss , New York Convention , Non-Signatories , SCOTUS

John Delikanakis

Snell & Wilmer

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