On March 31, the Court decided Badgerow v. Walters, a case which concerned judicial supervision of arbitration. Joining today to discuss the decision and its implications is Jennifer Dickey, Associate Chief Counsel at the U.S. Chamber Litigation Center.
Holding: Federal jurisdiction in a petition to compel arbitration under Section 4 of the Federal Arbitration Act is determined by “looking through” the petition to the jurisdictional basis of the “underlying substantive controversy,” Vaden v. Discover Bank, but that approach does not apply to petitions to confirm or vacate arbitral awards under Sections 9 and 10 of the FAA.
Judgment: Reversed and remanded, 8-1, in an opinion by Justice Kagan on March 31, 2022. Justice Breyer filed a dissenting opinion.
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