On August 9, 2022, the Ninth Circuit affirmed the District Court’s order compelling arbitration of a Recovery Act claim. This was a victory for WLF, which filed an amicus brief in the case. The panel held that, under the contracts’ delegation clauses, the arbitrator must decide the scope of the arbitration agreements. The panel also held that Congress’s providing a federal cause of action does not exempt those claims from the FAA. These two holdings track the arguments made in WLF’s amicus brief. As the parties bargained for arbitration, that is what the Ninth Circuit correctly ordered.
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