By: Derek Hawkins//February 20, 2019//
United States Supreme Court
Case Name: New Prime Inc. v. Oliveira
Case No.: 17-340
Focus: Statutory Interpretation – Federal Arbitration Act
The Federal Arbitration Act requires courts to enforce private arbitration agreements. But like most laws, this one bears its qualifications. Among other things, §1 says that “nothing herein” may be used to compel arbitration in disputes involving the “contracts of employment” of certain transportation workers. 9 U. S. C. §1. And that qualification has sparked these questions: When a contract delegates questions of arbitrability to an arbitrator, must a court leave disputes over the application of §1’s exception for the arbitrator to resolve? And does the term “contracts of employment” refer only to contracts between employers and employees, or does it also reach contracts with independent contractors? Because courts across the country have disagreed on the answers to these questions, we took this case to resolve them.
Affirmed
Dissenting:
Concurring: GINSBURG, J., filed a concurring opinion.