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Justices Turn Away 2nd Circ. Mongolia Mining Case (Law360)
Law360, June 27, 2022
Justices Turn Away 2nd Circ. Mongolia Mining Case
The companies’ petition was backed by the New York City Bar Association and a group of arbitration scholars. The Bar Association argued in an amicus brief that the Second Circuit’s decision flouted a rule laid out in the Supreme Court’s 1995 opinion in First Options of Chicago Inc. v. Kaplan, where the high court concluded that the question of arbitrability is subject to independent review by courts unless that determination is delegated to the arbitrators.
