Case Detail

Arthur Andersen, LLP v. Carlisle
On May 4, 2009, the U.S. Supreme Court ruled that those who are the intended beneficiaries of an arbitration agreement are permitted to enforce the agreement in federal court under the Federal Arbitration Act (FAA), even when they are not among those who signed the agreement. The decision was a victory for WLF, which filed a brief urging the Court to overturn an appeals court decision that had refused to permit nonsignatories to invoke the FAA. The Supreme Court agreed with WLF that permitting enforcement by nonsignatories is in accord with the federal policy that strongly favors enforcement of arbitration agreements. FAA 3 permits parties to file motions to stay federal litigation pending arbitration; FAA 4 permits them to file motions to compel arbitration. The Court held that FAA 16 permits interlocutory appeal from denial of motions under 3 & 4. The Court also held that nothing in 3 or 4 categorically bars nonsignatories from seeking to enforce arbitration agreemen
Case Status:
More Information and Downloads:
12/29/2008: Download the Brief

  • Welcome to the Washington Legal Foundation
  • 2009 Massachusetts Ave., NW
    Washington, DC 20036
  • info@wlf.org  |  ph. 202-588-0302
    ©2018 WLF All Rights Reserved