Monday, January 31, 2005

Federal question jurisdiction in a dispute covered by arbitration clause

In Discover Bank v. Vaden, the Fourth Circuit in an opinion by Judge Wilkinson held that "[a] federal court may . . . hear a § 4 [of the Federal Arbitration Act] petition to compel arbitration if, but for the arbitration agreement, subject matter jurisdiction over the case would otherwise exist by virtue of a properly invoked federal question in the underlying dispute."

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