Will High Court Resolve Circuit Split On Arbitration Issues?

By Cary Sullivan (September 4, 2018, 12:50 PM EDT) -- The U.S. Supreme Court will be presented with two important questions this fall in New Prime Inc. v. Dominic Oliveira.[1] Both questions relate to the Federal Arbitration Act's Section 1 exemption, which "provides that the act shall not apply 'to contracts of employment of seamen, railroad employees, or any other class of workers engaged in foreign or interstate commerce.'"[2] The two questions before the court are (1) whether a dispute over the applicability of the Section 1 exemption must be resolved by the arbitrator or by a court and (2) whether the Section 1 exemption encompasses independent contractor agreements....

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