U.S. Supreme Court

Case Status


Docket Number



2008 Term

Oral Argument Date

March 03, 2009


Questions Presented

(1) Whether Section 16(a)(l)(A) of the FAA provides appellate jurisdiction over an appeal from an order denying an application made under Section 3 to stay claims involving non-signatories to the arbitration agreement.

(2) Whether Section 3 of the FAA allows a district court to stay claims against nonsignatories to an arbitration agreement when the nonsignatories can otherwise enforce the arbitration agreement under principles of contract and agency law, including equitable estoppel.

Case Updates

Supreme Court addresses enforcement of arbitration agreements by non-signatories

May 04, 2009

The Supreme Court concluded that Section 3 of the FAA provides non-signatories to an arbitration agreement the right to stay and immediately appeal litigation pertaining to the enforcement of the arbitration agreement.

U.S. Chamber files amicus brief

December 29, 2009

NCLC urged the U.S. Supreme Court to recognize that Section 3 of the FAA requires litigation to be stayed if the claim falls within the scope of the arbitration agreement, even if the party bringing the motion was a non-signatory to the agreement. NCLC argued that prohibiting non-signatories from enforcing arbitration agreements frustrates the purposes of the FAA because it limits the freedom to contract for arbitration of disputes involving claims against the non-signatories, and because it upsets the settled expectations among parties that certain disputes will be arbitrated.

Case Documents