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US Supreme Court urged to review circuit split over choice of law in arbitration cases

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Published on: 22 December 2022

Published by a LexisNexis Arbitration expert

Table of contents

What is this development about?
‘Contract Interpretation’
Governing law
Liquidation damages

Article summary

Arbitration analysis: An Australian entity urges the US Supreme Court in a petition for a writ of certiorari to address a ’long-simmering split among the circuits’ regarding whether the American Federal Arbitration Act (FAA) allows federal law to apply by default to an arbitration agreement in a contract governed by state law, as the 11th Circuit US Court of Appeals held when applying federal rather than Georgia law to uphold an US$8m arbitral award against it.

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