The U.S. Supreme Court is currently considering two significant arbitration-related petitions:
BG Group PLC v. Republic of Argentina, Docket No. 12-138. The issue is whether, in disputes involving a multi-staged dispute resolution process, a court or the arbitrator determines whether a precondition to arbitration has been satis?ed. Opinion below: Republic of Argentina v. BG Group PLC, 665 F.3d 1363 (D.C. Cir. 2012)
Nitro-Lift Technologies, L.L.C. v. Howard, Docket No. 11-1377. The issues is whether the Supreme Court of Oklahoma’s holding that a state court may review an underlying employment agreement based upon a state statute restricting covenants not to compete, notwithstanding the presence of a valid arbitration clause, is foreclosed by the Federal Arbitration Act and forty-five years of authority from the Court (particularly Buckeye Check Cashing v. Cardegna). Opinion below: Howard v. Nitro-Lift Techs., LLC, 2011 OK 98 (2011).
Stay tuned!
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