David Cinotti Authors Article for Law360: What 3rd Circ. Gets Wrong About Arbitration Enforcement
David Cinotti, Partner at Pashman Stein Walder Hayden P.C., recently authored an article in Law360 titled “What 3rd Circ. Gets Wrong About Arbitration Enforcement.” Many courts have held that Section 4 of the Federal Arbitration Act (“FAA”) does not permit a litigant to move to compel arbitration outside the federal district where the arbitration is required to take place under an arbitration agreement. That creates a procedural problem as to how a defendant should respond to federal claims that it contends should be arbitrated in a different district. The article explains why the Third Circuit and other courts are wrong to require a motion to dismiss the claims in those circumstances, and why the proper procedure is instead a motion to stay the litigation under Section 3 of the FAA.
To read the full article, click here.