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."