Here is an interesting scenario: the parties to a cross-border commercial relationship have a dispute; they have an agreement to arbitrate; arbitration is contemplated (or perhaps even commenced); the parties settle before...more
Under both New York and federal law, a party is entitled to seek an order to compel arbitration if it is “aggrieved” by another party’s failure to arbitrate a dispute despite being bound to do so. But what does it mean for a...more
Federal question subject matter jurisdiction is easy to describe: a party can bring an action in federal court if its claim is based on federal law. However, the determination of whether such a federal question exists is not...more