Forum
U.S. Supreme Court
Case Status
Docket Number
08-146
Term
2008 Term
Oral Argument Date
March 03, 2009
Lower Court Opinion
Questions Presented
(1) Whether Section 16(a)(l)(A) of the FAA provides appellate jurisdiction over an appeal from an order denying an application made under Section 3 to stay claims involving non-signatories to the arbitration agreement.
(2) Whether Section 3 of the FAA allows a district court to stay claims against nonsignatories to an arbitration agreement when the nonsignatories can otherwise enforce the arbitration agreement under principles of contract and agency law, including equitable estoppel.
Case Updates
Supreme Court addresses enforcement of arbitration agreements by non-signatories
May 04, 2009
The Supreme Court concluded that Section 3 of the FAA provides non-signatories to an arbitration agreement the right to stay and immediately appeal litigation pertaining to the enforcement of the arbitration agreement.
U.S. Chamber files amicus brief
December 29, 2009
NCLC urged the U.S. Supreme Court to recognize that Section 3 of the FAA requires litigation to be stayed if the claim falls within the scope of the arbitration agreement, even if the party bringing the motion was a non-signatory to the agreement. NCLC argued that prohibiting non-signatories from enforcing arbitration agreements frustrates the purposes of the FAA because it limits the freedom to contract for arbitration of disputes involving claims against the non-signatories, and because it upsets the settled expectations among parties that certain disputes will be arbitrated.