Federal Judiciary

Notable Petition

By Akin Gump Supreme Court Practice Group

A new petition, Zurich American Insurance Company v. Pioneer Natural Resources USA, Inc., arises under the Federal Arbitration Act.

Briefs in opposition have not yet been filed in the case, but its petition and question presented follows the jump.

Title: Zurich American Insurance Company v. Pioneer Natural Resources USA, Inc.

Docket: 09-1305
Issue: Whether, in a case removed under the Convention on the Recognition and Enforcement of Arbitral Awards, 9 U.S.C. § 205, an order denying a motion to compel arbitration and remanding to state court is appealable under the Federal Arbitration Act?s express right of interlocutory appeal from such denials, 9 U.S.C. § 16(a)(1)(C), notwithstanding 28 U.S.C. § 1447(d).

• The opinion below, from the 5th Circuit, is unpublished
• Petition for certiorari

Full post as published by SCOTUSBLOG on June 07, 2010 (boomark / email).