The only arbitration-centric case on the Supreme Court’s oral argument calendar was heard on November 2. It involved a FINRA award.
We reported in SAA 2021-34 (Sep. 9) that the remaining arbitration-centric case on the Court’s docket, Badgerow v. Walters, No. 20-1143, has been set for oral argument on November 2, according to the November 2021 calendar. Recall that, as reported in SAA 2021-19 (May 2), the Supreme Court on May 17 agreed to review (see p. 2 of the Order List) Badgerow v. Walters, 975 F.3d 469 (5th Cir. 2020), a case we analyzed in SAA 2020-36 (Sep. 23).
In the underlying case, the Fifth Circuit held that the District Court was correct when it applied the “look-through” standard to determine that it could remove a state court action to vacate an Award. The issue identified for review in the granted Petition for Certiorari: “Whether federal courts have subject-matter jurisdiction to confirm or vacate an arbitration award under Sections 9 and 10 of the FAA where the only basis for jurisdiction is that the underlying dispute involved a federal question.”
We checked the Court’s docket, but to date only two Amicus Briefs have been filed, both in support of Respondent: 1) the Chamber of Commerce of the United States of America; and 2) the Securities Industry and Financial Markets Association.
As reported in SAA 2021-34 (Sep. 9), the Court on September 8 announced that arguments scheduled for October, November, and December will be in-person. However: “Courtroom access will be limited to the Justices, essential Court personnel, counsel in the scheduled cases, and journalists with full-time press credentials issued by the Supreme Court. Out of concern for the health and safety of the public and Supreme Court employees, the Courtroom sessions will not be open to the public.” There was a live audio feed. The audio transcript and recording were posted later that day.
(ed: We covered Badgerow in detail in the last TEE.)
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