Arbitration

To Establish Federal Jurisdiction, Only the Complaint Counts

, New York Law Journal

Samuel Estreicher, Dwight D. Opperman Professor at New York University School of Law and counsel to Jones Day, and Steven C. Bennett, a partner at the firm, write that the U.S. Supreme Court held that a federal court must "look through" a petition to compel arbitration under Section 4 of the Federal Arbitration Act2 to determine whether the court would have federal question jurisdiction over the underlying controversy. The Court also held, they say, that, for a federal court to have jurisdiction, the initial complaint, not any anticipation of a federal defense or a federal counterclaim, must establish a basis for federal jurisdiction.

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