Parties to arbitration agreements sometimes invoke the judicial system to litigate collateral issues arising out of the arbitration process, such as arbitrability of some or all of the claims, arbitrator bias, and award enforcement or vacatur. When deciding these collateral issues arising out of securities arbitration, courts interpret and apply the Federal Arbitration Act (FAA). This chapter identifies recent decisions by the Supreme Court under the FAA, as well as selected lower court decisions that could have an impact on securities arbitration practice.
Jill I. Gross, Arbitration Case Law Update 2012, in Securities Arbitration 2012 (PLI Course Handbook, Apr. 17, 2012), http://digitalcommons.pace.edu/lawfaculty/1043/.