Originally from Alternatives to the High Cost of Litigation

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The U.S. Supreme Court in January granted a petition for certiorari to take the third arbitration case in its 2023-2024 term, Smith v. Spizzirri, No. 22-1218 (the Court’s case docket is available at https://bit.ly/48wt09w).

The case is expected to refine the terms of Federal Arbitration Act Sec. 3 on the relationship between litigation and arbitration—specifically, whether the FAA binds the court to stay litigation when a case is sent to arbitration, instead of permitting the court to dismiss the case.

As this issue was readied for publication, Court watchers were waiting on an April oral argument date for Smith v. Spizzirri, which is expected to be decided before the term concludes in late June.