Supreme Court resolves circuit split over jurisdiction under Federal Arbitration Act

Trial Notebook

By Steven P. Garmisa

Hoey & Farina

Posted August 22, 2022 11:28 AM

The U.S. Supreme Court resolved a circuit split about jurisdiction for requests to confirm or modify awards under the Federal Arbitration Act (FAA). But as Justice Stephen Breyer’s dissent explained, the court’s ruling “creates unnecessary complexity and confusion,” with “curious consequences and artificial distinctions.” If you want to ask a federal judge for one of procedural remedies listed in the FAA — such as a motion to compel arbitration (Sec. 4), appoint an arbitrator (Sec. 5), require attendance of witnesses (Sec. …

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