Forum

U.S. Supreme Court

Case Status

Decided

Docket Number

Term

2018 Term

Oral Argument Date

October 29, 2018

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Questions Presented

Whether the Federal Arbitration Act permits a court to decline to enforce an agreement delegating questions of arbitrability to an arbitrator if the court concludes the claim of arbitrability is “wholly groundless”.

Case Updates

U.S. Supreme Court issues unanimous arbitration decision, reaffirming that courts must enforce arbitration contracts according to their terms and thus cannot create unwritten exceptions to the Federal Arbitration Act

January 07, 2019

The Supreme Court’s unanimous opinion rejects the “wholly groundless” exception to enforcement of an arbitration agreement, finding it inconsistent with the terms of the Federal Arbitration Act. The Court reaffirmed that arbitration is a matter of contract, and courts must enforce arbitration contracts according to their terms.

The Chamber filed an amicus brief in support of this outcome. Click here to view the opinion.

U.S. Chamber files merits stage amicus brief, arguing Supreme Court should reject lower courts’ creation of “wholly groundless” exception to the FAA

August 21, 2018

Click here to view the Chamber’s amicus brief.

Andrew J. Pincus, Evan M. Tager, Archis A. Parasharami, and Matthew A. Waring of Mayer Brown LLP served as co-counsel for the U.S. Chamber of Commerce on behalf of the U.S. Chamber Litigation Center.

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