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ARTICLE · 15 APRIL 2022

Arbitration In The Fifth – March 2022

Haynes and Boone, L.L.P.
Haynes and Boone, L.L.P.
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In March 2022, the courts within the Fifth Circuit decided a usual mix of matters including the explanation of the procedure and burden for challenging an arbitration agreement in Dickson v. Continuum Glob. Sols...

United StatesLitigation, Mediation & Arbitration
Odean Volker
Odean Volker

In March 2022, the courts within the Fifth Circuit decided a usual mix of matters including the explanation of the procedure and burden for challenging an arbitration agreement in Dickson v. Continuum Glob. Sols. and the analysis of alleged partiality in Affordable Care, LLC v. McIntyre and McGee v. MRC Energy Co. Of course, the opinion with the most impact arose out of a dispute in the Fifth Circuit, but was delivered in Washington, D.C. – Badgerow v. Walters.

Badgerow v. Walters: In Section 9 and 10 cases, its "look through" no more.

In Badgerow v. Walters, __ S.Ct. __, 2022 WL 959675 (U.S. Mar. 31, 2022), the Court decidedly rejected the application of "look-through" jurisdiction in cases brought under Sections 9 and 10 of the Federal Arbitration Act. In Vaden v. Discover Bank, 556 U.S. 49, 129 S.Ct. 1262 (2009), the Court had reasoned that the text of Section 4, instructed a federal court to "look through" the Section 4 petition to the "underlying

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