Cert grant in arbitration case

The US Supreme Court granted certiorari on Friday in an arbitration case. The issue is whether a federal court that initially exercises jurisdiction and stays a case pending arbitration maintains jurisdiction over a post-arbitration Section 9 or 10 application where jurisdiction would otherwise be lacking.

That issue sounds a bit nerdish, yet it’s an important jurisdictional question that has split the federal Circuit courts.

The 2nd Circuit held that a federal court’s pre-arbitration exercise of jurisdiction serves as an anchor that gives the court continuing jurisdiction over a subsequent Section 9 or 10 application, even if jurisdiction would otherwise be lacking.

The case is Jules v. Andre Balazs Properties. The 2nd Circuit opinion is attached to the petition for a writ of certiorari HERE.

/


Get Blog updates by email