Section Newsletters

Articles From Andrew L. Franklin

Jules v. Andre Balazs Props.: SCOTUS Says District Courts Can Leave the Light on for Matters Stayed Pending Arbitration to Confirm or Vacate Resulting Arbitral Awards By Andrew L. Franklin Alternative Dispute Resolution, August 2026 In May, the United States Supreme Court unanimously affirmed a district court’s jurisdiction to confirm or vacate an arbitral award when it originally stayed the action pursuant to § 3 of the Federal Arbitration Act. Jules straightforwardly clarifies district courts’ jurisdiction over pre-existing suits for confirmation or vacatur following a stay pending arbitration.
The SEC Says It Will No Longer Consider Mandatory Arbitration Clauses Potential Roadblocks to Acceleration of Effectiveness of Registration Statements By Andrew L. Franklin Alternative Dispute Resolution, February 2026 Securities and Exchange Commission Chairman Paul S. Atkins is on a mission to “Make IPOs Great Again.” In an Open Meeting Statement regarding the Policy Statement, Chairman Atkins acknowledged, “[t]he agency has, however, scrutinized registration statements filed by companies that have sought to include a mandatory arbitration provision in their governance documents—and injected uncertainty into whether these registration statements would be declared effective.” The September 2025 Policy Statement upends the SEC’s prior skepticism of mandatory arbitration provisions. The primary rationale for the policy shift is aligning SEC practices with recent Supreme Court case law.

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