Federal Circuit Outlines Faa § 3 Arbitrability Analysis for District Courts
Dispute Resolution Journal › Vol. 61 Nbr. 4, November 2006
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Summary
The Federal Circuit ruled on Oct 20, 2006, that in order to be satisfied within the meaning of § 3 of the Federal Arbitration Act that an issue is covered by the parties' arbitration agreement, district courts must first determine whether the parties intended the issues in dispute to be decided by an arbitrator, and if such intent exists, courts must then determine whether the assertion of arbitrability is wholly groundless before compelling arbitration. If not wholly groundless, then the court should stay the litigation pending a ruling on arbitrability by an arbitrator.
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Federal Circuit Outlines Faa § 3 Arbitrability Analysis for District Courts
The Federal Circuit ruled on Oct. 20, 2006, that in order to be "satisfied" within the meaning of § 3 of the Federal Arbitration Act that an issue is covered by the parti...
See the full content of this document
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