New Arbitration Petition Before the U.S. Supreme Court


[UPDATE: The U.S. Supreme Court decided Rent-a-Center v. Jackson today. Find a link to the opinion here. Commentary about the case to follow. Stay tuned.]

A new arbitration-related petition has been filed recently before the U.S. Supreme The case comes from the Court of Appeals for the Fifth Circuit. On December 17, 2009, the Fifth Circuit granted the motion to dismiss the case without any opinion.

In Zurich American Insurance Company v. Pioneer Natural Resources USA, Inc., No 09-1305, the question presented is:

Whether, in a case removed under the Convention on the Recognition and Enforcement of Arbitral Awards, 9 U.S.C. § 205, an order denying a motion to compel arbitration and remanding to state court is appealable under the Federal Arbitration Act’s express right of interlocutory appeal from such denials, 9 U.S.C. § 16(a)(1)(C), notwithstanding 28 U.S.C. § 1447(d).

Other Cases Pending:

  • Rent-a-Center v. Jackson (read more here)
  • AT&T Mobility v. Concepcion (read more here)

Stay tuned.

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