News & Analysis as of

Arbitration Badgerow v Walters

Arbitration is a widely-used method for settling disputes between parties. During arbitration, parties submit their dispute to an impartial third person or party, usually chosen by the parties. Typically, parties... more +
Arbitration is a widely-used method for settling disputes between parties. During arbitration, parties submit their dispute to an impartial third person or party, usually chosen by the parties. Typically, parties to arbitration agree in advance to be bound by the arbitrator's decision. Arbitration is an alternative to litigation, but it shares many of the familiar features of litigation. Namely, parties to arbitration hold hearings before neutral decision-makers, present evidence and argue the merits of their position. Parties often choose arbitration due to its perceived advantages over litigation. Those perceived advantages include greater efficiency and flexibility, and lower costs. less -
DarrowEverett LLP

Litigating Arbitration Awards: Federal Courts Decline to Punch the Jurisdictional Ticket

DarrowEverett LLP on

Over two years ago, the United States Supreme Court divested the federal courts of jurisdiction over all but a few disputes concerning the confirmation or vacation of arbitration awards. Since then, the federal appellate...more

McDermott Will & Emery

Badgerow Enforced: District Court Lacks Independent Jurisdiction to Enforce Arbitration Award

McDermott Will & Emery on

The US Court of Appeals for the Fourth Circuit reversed and remanded a district court’s arbitration award because the district court lacked proper subject matter jurisdiction, independent from the Federal Arbitration Act...more

Nelson Mullins Riley & Scarborough LLP

Arbitration Clauses as Separate Executory Contracts

This term, Supreme Court Justice Elena Kagan has authored a pair of opinions related to arbitration. The first of these decisions, Badgerow v. Walters, 20-1143, 142 S. Ct. 1310 (2022) came down on March 31, 2022, where...more

Proskauer - Minding Your Business

Supreme Court Limits Federal Court Jurisdiction to Vacate or Confirm Arbitration Awards

In an 8-1 decision, the United States Supreme Court recently held in Badgerow v. Walters that federal courts may not examine the substance of arbitration disputes to establish federal question jurisdiction under Sections 9...more

K&L Gates LLP

Look At Me, Not Through Me: Supreme Court Limits Federal Jurisdiction for Post-Arbitration Award Petitions

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On 31 March 2022, the United States Supreme Court in Badgerow v. Walters limited federal subject matter jurisdiction over post-arbitration award petitions under the Federal Arbitration Act (FAA) §§ 9 and 10. After years of...more

Porter Hedges LLP

Supreme Court Narrows Subject Matter Jurisdiction in Arbitration

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On March 31, 2022, the United States Supreme Court issued an important decision regarding federal courts’ subject matter jurisdiction to confirm, vacate, or modify arbitral awards under Sections 9 and 10 of the Federal...more

Parker Poe Adams & Bernstein LLP

Supreme Court Limits Federal Jurisdiction over Arbitration Awards

Last week in Badgerow v. Walters, the United States Supreme Court held in an 8-1 decision that under the Federal Arbitration Act, a federal court cannot consider an underlying dispute to determine whether it has federal...more

Fox Rothschild LLP

U.S. Supreme Court Rules That Petitions to Confirm or Vacate Arbitration Awards Cannot Be Brought In Federal Court Simply Because...

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The U.S. Supreme Court has ruled that, unlike petitions to compel arbitration, petitions to confirm or vacate an arbitration award cannot be brought in federal court simply because the underlying dispute involves a federal...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Supreme Court’s New Arbitration Ruling: Limits Federal Jurisdiction For Confirming or Challenging Arbitration Awards Under the FAA

On March 31, 2022, the Supreme Court of the United States issued a decision in Badgerow v. Walters, No 20-1143, addressing when federal courts have jurisdiction to rule on motions to confirm, modify, or vacate arbitration...more

Perkins Coie

Supreme Court Limits Federal Courts’ Jurisdiction to Enforce Arbitration Awards

Perkins Coie on

Last week, the U.S. Supreme Court ruled that federal courts cannot enforce or vacate arbitration awards under Sections 9 and 10 of the Federal Arbitration Act (FAA), 9 U.S.C. § 1 et seq., unless they have an independent...more

McGlinchey Stafford

Through the Looking Glass: Courts Cannot “Look Through” Arbitration Motion to Establish Jurisdiction

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In a nearly unanimous opinion, the United States Supreme Court recently held in Badgerow v. Walters that a district court cannot “look through” to the underlying controversy in order to support jurisdiction to decide a motion...more

Holland & Knight LLP

Federal Jurisdiction Limited When Confirming or Setting Aside Domestic Arbitration Awards

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In a recent decision involving arbitration, the U.S. Supreme Court held that federal courts do not have subject-matter jurisdiction to confirm or vacate a domestic arbitration award under Sections 9 and 10 of the Federal...more

Jenner & Block

US Supreme Court Issues Significant Ruling Limiting the “Look-Through” Jurisdiction of Federal Courts Under the Federal...

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On March 31, 2022, the US Supreme Court issued a significant decision in Badgerow v. Walters, No. 20-1143, ending a circuit split about when federal courts have subject matter jurisdiction to review domestic arbitration...more

Burr & Forman

SCOTUS: No Look-Through Jurisdiction for Arbitration Confirmation or Vacatur

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The U.S. Supreme Court held March 31, 2022, that the Federal Arbitration Act (“FAA”) does not allow federal courts to “look through” to the dispute underlying an arbitration to establish jurisdiction to confirm or vacate an...more

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