Litigation & Arbitration
Jan. 19, 2023
To stay or not to stay – the arbitration jurisdictional split is on the docket
Coinbase sides with the majority view, lamenting in its petition that it has been forced to answer two complaints that seek to proceed as class actions and face imminent discovery
Elizabeth Pipkin
Managing Partner
McManis Faulkner
Technology, trade secrets, business disputes and civil rights
50 W San Fernando St 10th Fl
San Jose , CA 95113
Phone: (408) 279-8700
Fax: (408) 279-3244
Email: epipkin@mcmanislaw.com
Harvard Univ Law School
In federal courts, a party may move to compel arbitration pursuant to the Federal Arbitration Act (Title 9 of the United States Code). If the trial court agrees that an arbitration agreement exists, it must compel arbitration. Such a decision is not immediately appealable. However, if the trial court finds the alleged agreement unenforceable, it may deny the motion to compel arbitration and proceed with the federal action. In the latter circumstances, the unsuccessfu...
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