Keywords
Arbitration, Jurisdiction, Civil Procedure, Well-Pleaded Complaint Rule
Abstract
Section 4 of the Federal Arbitration Act enables a party with an arbitration agreement to bring suit to compel arbitration if the dispute between parties is brought in court. The U.S. Courts of Appeals are split over how to establish jurisdiction when faced with a claim to compel arbitration. The disagreement centers on whether the court may “look through” to the underlying claim between parties to establish jurisdiction or whether establishment of jurisdiction must comply with the well-pleaded complaint rule, a rule requiring the petitioner to state the reason for jurisdiction on the face of their complaint to compel arbitration. This Note argues that those circuits requiring compliance with the well-pleaded complaint rule take the best approach.
Recommended Citation
Leda Moloff,
On the Face of It? Establishing Jurisdiction on Claims to Compel Arbitration Under Section 4 of the FAA,
77 Fordham L. Rev. 181
(2008).
Available at: https://ir.lawnet.fordham.edu/flr/vol77/iss1/4