Supreme Court Justice Elena Kagan authored pair of arbitration opinions. March 31 Badgerow v. Walters ruling, Justice Kagan, wrote for 8/1 majority that court must have independent basis of federal jurisdiction to undertake petition to confirm, vacate an arbitration award.
On May 23, 2022, the U.S. Supreme Court considered the question of waiver in a case governed by the Federal Arbitration Act (“FAA”) and held that a party can waive its right to.
Procedural rules unique to evaluating arbitration agreements for purposes of determining whether a party has waived its right to arbitration are no more. In a unanimous May 23, 2022,.
On May 23, the Supreme Court resolved a circuit split in holding that the Federal Arbitration Act's (FAA) "policy favoring arbitration" does not allow federal courts to create arbitration-specific federal procedural rules.