3 Jurisdictional Questions After High Court Arbitration Ruling

By Michael Gill and Andrew Spadafora (April 20, 2022, 4:32 PM EDT) -- On March 31, the U.S. Supreme Court issued an opinion in Badgerow v. Walters that resolved a circuit split and effectively narrowed federal courts' jurisdiction over post-arbitration disputes.[1]

In a 2009 opinion, Vaden v. Discover Bank, the Supreme Court had ruled that federal courts have jurisdiction over petitions to compel arbitration under Section 4 of the Federal Arbitration Act if the court would have jurisdiction over the underlying dispute — the look-through approach.[2]

The 8-1 Badgerow majority refused to apply the look-through analysis in determining federal jurisdiction for an application to confirm or vacate an arbitral award under FAA Sections 9...

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