Supreme Court Docket Report - January 15, 2010

Originally published January 15, 2010

Keywords: Federal Arbitration Act, FAA, arbitration agreements, ERISA, attorney's fees, National Environmental Policy Act

Today the Supreme Court granted certiorari in four cases of interest to the business community:

• Federal Arbitration Act—Enforceability of Agreements to Arbitrate
• ERISA—Attorney's Fees
• National Environmental Policy Act—Injunctive Relief—Evidence of Irreparable Harm
• Fed. R. Civ. P. 15—"Mistake" in Naming Proper Corporate Defendant—Limitations Period

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Federal Arbitration Act—Enforceability of Agreements to Arbitrate

Under the Federal Arbitration Act ("FAA"), written arbitration agreements are "valid, irrevocable, and enforceable," unless a generally applicable contract defense applies. 9 U.S.C. § 2. A party's effort to invoke such a defense to resist arbitration presents a "gateway" question that, as a default rule, is for the court to resolve. First Options of Chicago, Inc.,