May 28, 2026 — Article

On May 14, 2026, the Supreme Court decided yet another arbitration issue in Jules v. Andre Balazs Properties, 2026 WL 1336216 (U.S. May 14, 2026). The decision finds federal jurisdiction to vacate, modify, or confirm an arbitration award for a case that was initially brought under federal question jurisdiction and was stayed after compelling arbitration. But related Supreme Court decisions create a very different standard for cases  that are not first filed in federal court or where a federal court dismisses the action after sending the case to arbitration.

This article reviews Supreme Court standards that determine if such actions are properly brought in federal or state court, surveys differences between Federal Arbitration Act (FAA) and state procedures and standards to vacate, modify, or confirm an award depending on which court reviews the arbitration award, and explains why these issues are of increasing significance to consumer attorneys.

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