The U.S. Court of Appeals for the Second Circuit. Photo: Ryland West/ALM Litigants in Second Circuit May Soon Be Entitled To Automatically Stay Arbitration Pending Appeal
In the event a court denies such a motion and the denial is appealed, a simple, yet surprisingly unresolved procedural question arises: Is the case automatically stayed pending appeal? This term, in 'Coinbase v Bielski', the U.S. Supreme Court will decide that issue for cases governed by the Federal Arbitration Act.
April 13, 2023 at 09:15 AM
9 minute read
Litigation
Arbitration provisions are ubiquitous in commercial contracts. Notwithstanding the existence of arbitration clauses, lawsuits are often filed in court, forcing the other side to file a motion to compel arbitration. In the event a court denies such a motion and the denial is appealed, a simple, yet surprisingly unresolved procedural question arises: Is the case automatically stayed pending appeal? This term, in Coinbase v Bielski, the U.S. Supreme Court will decide that issue for cases governed by the Federal Arbitration Act (FAA).
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