October 10, 2018

US Supreme Court to Hear 3 Arbitration Cases

The Supreme Court heard its first arbitration case in New Prime, Inc. v. Oliveira. In this case, the Supreme Court is being asked to determine whether Section 1(a) of the FAA, which excludes certain transportation “workers” from the FAA’s purview, applies to independent contractors, in addition to the employees, of a transportation company.

The Supreme Court also has been asked to address whether the application of the Section 1(a) exemption is a threshold issue that should be decided by a court before ordering a case to arbitration, even when the parties’ arbitration agreement contains a clear delegation provision assigning questions of the arbitrator’s jurisdiction to the arbitrator and not a court.

Read the source article in Lexology.

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