Brendan J. Witry | The Dispute Resolver In the construction industry, arbitration is a frequently agreed-upon and utilized dispute resolution method. The Federal Arbitration Act (the “FAA”), 9 U.S.C. 1, et seq., provides the underpinning and framework for how courts should handle litigation in connection with arbitration agreements. Where a party asserts that a claim brought… Continue reading Should I Stay or Should I Go? The Supreme Court Says “Stay”
Tag: arbitration
U.S. Supreme Court: District Courts Must Stay (And May Not Dismiss) Lawsuits Sent To Arbitration
Gregory P. Feit | Reavis Page Jump Earlier this month, in Smith v. Spizzirri, the U.S. Supreme Court held that Section 3 of the Federal Arbitration Act (FAA) requires district courts to stay a lawsuit pending arbitration when asked by a party to do so, and that district courts lack the inherent authority to instead dismiss… Continue reading U.S. Supreme Court: District Courts Must Stay (And May Not Dismiss) Lawsuits Sent To Arbitration
No More Discretion: US Supreme Court Rules Cases Sent to Arbitration Must Be Put on Hold
Martin F. Gusy and Camille M. Ng | Bracewell Do federal courts have the discretion to dismiss lawsuits once it is determined that all underlying claims are covered by mandatory arbitration agreements? The answer is “no,” according to the outcome of the unanimous decision from the US Supreme Court in Smith v. Spizzirri. Specifically, the decision,… Continue reading No More Discretion: US Supreme Court Rules Cases Sent to Arbitration Must Be Put on Hold
Just as “Shall” Means “Shall”, “Stay” Means “Stay”
Matthew C. Hurley, Geoffrey A. Friedman and Simone B. Yhap | Mintz To stay or to go (from the docket)? For decades, federal courts of appeal have disagreed on a fundamental procedural question: when a dispute filed in federal district court is subject to arbitration, should the court dismiss the action or stay it pending… Continue reading Just as “Shall” Means “Shall”, “Stay” Means “Stay”
High Court Confirms That “Stay” Means “Stay” When Arbitration is Compelled
Travis Chance and Emily L. Dyer | Brownstein Hyatt Farber Schreck The Federal Arbitration Act (FAA) governs contracts “evidencing a transaction involving commerce” wherein the parties have agreed to arbitrate any dispute that may arise out of the contract. 9 U.S.C. Section 2. The FAA’s application is broad—in the words of the United States Supreme… Continue reading High Court Confirms That “Stay” Means “Stay” When Arbitration is Compelled