Supreme Court Docket Report - May 4, 2009

Originally published May 4, 2009

Keywords: Arthur Andersen, Carlisle, Federal Arbitration Act, FAA, stay of litigation, investors, tax advice, investment-management agreements, Bricolage, investment strategy, tax shelter, bankruptcy, Supreme Court

Today the Supreme Court issued two decisions, described below, of interest to the business community.

Arthur Andersen LLP v. Carlisle, No. 08-146 (previously discussed in the November 10, 2008 Docket Report).

Section 3 of the Federal Arbitration Act (FAA or Act) provides for a stay of litigation in any action that is "referable to arbitration under an agreement in writing."  9 U.S.C. § 3.  The Act further provides that "an appeal may be taken from . . .  an order . . . refusing a stay of any action" under that provision.  9 U.S.C. § 16(a)(1)(A).  Today, in Arthur Andersen LLP v. Carlisle, No. 08-146, the Supreme Court held (1) that a court of appeals has jurisdiction under Section 16(a) to review a denial of a