Arbitration/Delegation: SCOTUS To Consider Who Decides Arbitrability Of Federal Arbitration Act Section 1 Exemption

Arbitrator Or Judge?

        SCOTUSBlog reports today that the Supreme Court has added an arbitration case to its next term:

            "New Prime Inc. v. Oliveira

 
Docket No. Op. Below Argument Opinion Vote Author Term
17-340 1st Cir. TBD TBD TBD TBD OT 2018
 

Issues: (1) Whether a dispute over applicability of the Federal Arbitration Act's Section 1 exemption is an arbitrability issue that must be resolved in arbitration pursuant to a valid delegation clause; and (2) whether the FAA's Section 1 exemption, which applies on its face only to “contracts of employment,” is inapplicable to independent contractor agreements."

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