Forum

U.S. Supreme Court

Case Status

Decided

Docket Number

Term

2015 Term

Oral Argument Date

October 06, 2015

Lower Court Opinion

California Court of Appeal

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Questions Presented

Whether the California Court of Appeal erred by holding, in direct conflict with the Ninth Circuit, that a reference to state law in an arbitration agreement governed by the Federal Arbitration Act requires the application of state law preempted by the Federal Arbitration Act.

Case Updates

U.S. Supreme Court reaffirms supremacy of Federal Arbitration Act

December 14, 2015

The U.S. Supreme Court overturned the California Court of Appeal decision and held by 6-3 vote that state courts may not refuse to enforce arbitration agreements based on principles of contract interpretation that do not apply outside the arbitration context.

U.S. Chamber files amicus brief in arbitration case

June 05, 2015

In its coalition brief, the U.S. Chamber filed in a U.S. Supreme Court merits case involving the proper interpretation of a reference to state law in an arbitration agreement governed by the Federal Arbitration Act (FAA). At issue is a consumer arbitration agreement that precluded class arbitration, but provided: if “the law of your state would find this agreement to dispense with class arbitration procedures unenforceable, then this entire [arbitration agreement] is unenforceable.”

The U.S. Chamber submitted this brief jointly with the National Association of Manufacturers and Retail Litigation Center, Inc.

Andrew J. Pincus, Archis A. Parasharami, and Richard B. Katskee of Mayer Brown LLP served as co-counsel for the amici with the U.S. Chamber Litigation Center in this case.

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