JORDEN BURT ALERT: Supreme Court Endorses "Looking Through" Arbitration Petitions to Determine Federal Jurisdiction March 27, 2009
The U.S. Supreme Court has ruled that a federal district court presented with a petition to enforce an arbitration agreement pursuant to § 4 of the Federal Arbitration Act may "look through" the petition to determine whether it is based upon an action that "arises under" federal law. However, the Court also held that a federal court may not entertain a § 4 petition when federal question jurisdiction is based on the contents of a counterclaim.
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Supreme Court Endorses "Looking Through" Arbitration Petitions to Determine Federal Jurisdiction
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