On the Face of It? Establishing Jurisdiction on Claims to Compel Arbitration Under Section 4 of the FAA
By Leda Moloff, February 8, 2012
This post has been viewed 1,580 times.
This article discusses Section 4 of the Federal Arbitration Act. Specifically, the author discusses how the Act allows a party with an arbitration agreement to bring suit to compel arbitration if the dispute between parties is brought to court. Moloff also discusses the circuit split over how to establish jurisdiction when faced with a claim to compel arbitration. The article argues in favor of courts that choose jurisdiction based on the well-pleaded complaint rule rather than courts that look through to the underlying complaint between the parties.
