Forum
U.S. Supreme Court
Case Status
Decided
Docket Number
Term
2015 Term
Lower Court Opinion
Questions Presented
Whether the FAA requires enforcement of an express agreement to delegate to the arbitrator all issues regarding “arbitrability” when the party opposing arbitration has not specifically challenged the delegation provision itself.
Case Updates
Supreme Court reverses WV Supreme Court decision on delegation of issue to arbitrator
February 29, 2016
The Supreme Court vacated the judgment and remanded the case to the Supreme Court of Appeals of West Virginia for further consideration in light of DIRECTV, Inc. v. Imburgia.
U.S. Chamber files amicus brief
October 15, 2015
In its brief, the U.S. Chamber urged the U.S. Supreme Court to review the decision of the Supreme Court of Appeals of West Virginia that refused to enforce an agreement delegating threshold questions of enforceability to an arbitrator. The Chamber’s brief argued that the West Virginia court’s decision is flatly contrary to recent Supreme Court precedent. The brief further argued that summary reversal is warranted given the West Virginia Supreme Court’s repeated intransigence in refusing to follow the U.S. Supreme Court’s arbitration decisions.
Thomas R. McCarthy and J. Michael Connolly of Consovy McCarthy served as counsel for the U.S. Chamber of Commerce on behalf of the U.S. Chamber Litigation Center.