U.S. Supreme Court building in Washington, D.C. in September 2022. (Photo: Diego M. Radzinschi/ALM) US Supreme Court Should Rule on Stay Suits While in Arbitration
The recent Ninth Circuit decision in Forrest v. Spizzirri has reignited a deep and long-standing circuit split over the proper interpretation of Section Three of the Federal Arbitration Act. The controversy centers on whether district courts should stay or dismiss a lawsuit when all issues are subject to arbitration. The 6-4 split among the federal appellate courts cries out for U.S. Supreme Court review.
April 26, 2023 at 02:23 PM
4 minute read
Commentary
The recent Ninth Circuit decision in Forrest v. Spizzirri has reignited a deep and long-standing circuit split over the proper interpretation of Section Three of the Federal Arbitration Act (FAA). The controversy centers on whether district courts should stay or dismiss a lawsuit when all issues are subject to arbitration.
Peter B. "Bo" Rutledge, dean of the University of Georgia School of Law. (Courtesy photo) While seemingly a procedural matter, the issue has significant implications for statutory interpretation, district court docket management and arbitration practice. The 6-4 split among the federal appellate courts cries out for U.S. Supreme Court review.
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