U.S. Supreme Court

Case Status


Docket Number


2015 Term


Questions Presented

Whether the FAA requires enforcement of an express agreement to delegate to the arbitrator all issues regarding “arbitrability” when the party opposing arbitration has not specifically challenged the delegation provision itself.

Case Updates

Supreme Court reverses WV Supreme Court decision on delegation of issue to arbitrator

February 29, 2016

The Supreme Court vacated the judgment and remanded the case to the Supreme Court of Appeals of West Virginia for further consideration in light of DIRECTV, Inc. v. Imburgia.

U.S. Chamber files amicus brief

October 15, 2015

In its brief, the U.S. Chamber urged the U.S. Supreme Court to review the decision of the Supreme Court of Appeals of West Virginia that refused to enforce an agreement delegating threshold questions of enforceability to an arbitrator. The Chamber’s brief argued that the West Virginia court’s decision is flatly contrary to recent Supreme Court precedent. The brief further argued that summary reversal is warranted given the West Virginia Supreme Court’s repeated intransigence in refusing to follow the U.S. Supreme Court’s arbitration decisions.

Thomas R. McCarthy and J. Michael Connolly of Consovy McCarthy served as counsel for the U.S. Chamber of Commerce on behalf of the U.S. Chamber Litigation Center.

Case Documents