Tennessee Business Litigation

The U.S. Supreme Court held March 31, 2022, that the Federal Arbitration Act (“FAA”) does not allow federal courts to “look through” to the dispute underlying an arbitration to establish jurisdiction to confirm or vacate an arbitration award.

The 8:1 decision by Justice Kagan distinguished the language of FAA Sections 9 (confirmation) and 10 (vacatur).

While the FAA authorizes various petitions for relief, it does not provide a basis for jurisdiction of itself. Thus, a petitioner must establish an independent basis for federal court jurisdiction, whether ...