Jules v. Andre Balazs Properties
Mar 30, 2026
Episode description
Jules v. Andre Balazs Properties | 03/30/26 | Docket #: 25-83
25-83 JULES V. ANDRE BALAZS PROPERTIES
DECISION BELOW: 2025 WL 1201914
CERT. GRANTED 12/5/2025
QUESTION PRESENTED:
Under Sections 9 and 10 of the Federal Arbitration Act, a party may apply to confirm or
vacate an arbitration award. But federal courts have limited jurisdiction over Section 9 and 10
applications. In
Badgerow v. Walters
, 596 U.S. 1, 4, 9-11 (2022), this Court held that a federal
court may exercise jurisdiction only if the application establishes diversity or federal-question
jurisdiction on its face. A federal court may not exercise jurisdiction merely on the basis that
the underlying dispute, save for the arbitration agreement, would have been justiciable in
federal court.
See id
.
But what happens when a court initially exercises jurisdiction over the underlying
dispute, stays the case pending arbitration, and is later faced with an application to confirm or
vacate an arbitration award in the same case? The courts of appeals have sharply divided on
the appropriate jurisdictional analysis. Several courts of appeals, including the Second Circuit
below, have held that the initial exercise of jurisdiction creates a "jurisdictional anchor" that
confers jurisdiction over a subsequent Section 9 or 10 application to confirm or vacate, even if
jurisdiction would otherwise be absent. By contrast, the Fourth Circuit has held that a court
must establish an independent basis for jurisdiction over a Section 9 or 10 application to
confirm or vacate.
The question presented is:
Whether a federal court that initially exercises jurisdiction and stays a case pending
arbitration maintains jurisdiction over a post-arbitration Section 9 or 10 application where
jurisdiction would otherwise be lacking.
LOWER COURT CASE NUMBER: 23-1253, 23-1283
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