Badgerow v. Walters

The Supreme Court decided that federal courts cannot confirm or throw out an arbitration award under Sections 9 and 10 of the Federal Arbitration Act just by looking to whether the underlying dispute raised a federal question. The court must have its own independent basis to hear the request.

Justice Kagan wrote the 8–1 opinion, joined by Chief Justice Roberts and Justices Thomas, Sotomayor, Gorsuch, Kavanaugh, Barrett, and Alito; Justice Breyer dissented.

The Court decided the case, but no vote count or opinion lineup is available here.

Majority

Kagan

Roberts

Thomas

Sotomayor

Gorsuch

Kavanaugh

Barrett

Alito

Dissent

Breyer

People and businesses seeking to enforce or challenge arbitration awards may have to use a different court if no independent basis exists for federal jurisdiction (a court's power to hear a case). For example, a party cannot rely only on a federal issue from the original dispute.

The Court has finished this case. Parties seeking to confirm or challenge arbitration awards must establish an independent basis for federal court jurisdiction.

The Court said federal courts need an independent basis to hear requests to confirm or vacate arbitration awards under Sections 9 and 10.

People and businesses trying to enforce or challenge arbitration awards are affected. A federal issue in their original dispute is not enough by itself.

The Supreme Court has finished the case. Future parties must show an independent basis before bringing these arbitration-award requests in federal court.