Document Type
Blog Post
Publication Date
3-13-2024
Abstract
The Supreme Court has granted review to address a circuit split on whether cases should be paused or thrown out after they are moved to arbitration. The courts are split six to four, four allowing lawsuits to be dismissed when underlying allegations must go through mandatory arbitration. The case is from the Ninth Circuit, on the allowance side of the split, Smith v. Spizzirri, with the petition granted 1/12/24. It addresses the language in a section of the Federal Arbitration Act (“FAA”). The section of the Act under review states: “If any suit or proceeding be brought in any of the courts of the United States upon any issue referable to arbitration under an agreement in writing for such arbitration, the court in which such suit is pending, upon being satisfied that the issue involved in such suit or proceeding is preferable to arbitration under such an agreement, shall on application of one of the parties stay the trial of the action until such arbitration has been had in accordance with the terms of the agreement, providing the applicant for the stay is not in default in proceeding with such arbitration.”
This post was originally published on the Cardozo Journal of Conflict Resolution website on March 13, 2024. The original post can be accessed via the Archived Link button above.
Recommended Citation
Cole, Sarah, "The Supreme Court has Granted Review for Arbitration Stays in Employment Cases: Smith v. Spizzirri" (2024). CJCR Blog. 81.
https://larc.cardozo.yu.edu/cjcr-blog/81
