This educational guide is based on the linked primary sources. It is not a Court publication, is not affiliated with the Court, and is not legal advice.
In brief
Overview
Section 16(a) of the Federal Arbitration Act does not say whether district‑court proceedings must be stayed pending resolution of an interlocutory appeal.
According to Coinbase, Inc., when a party appeals the denial of a motion to compel arbitration, the appeal stays the litigation, based on the long‑standing divestiture rule and Congress’s adoption of an asymmetric interlocutory rule in FAA Section 16(a).
Background and question before the Court
According to Justice Thomas, the Court considered whether an interlocutory appeal of a denial of a motion to compel arbitration automatically triggers a stay of district‑court proceedings.
What each side argues
Bielski
According to Bielski, bielski’s arguments to overcome the Griggs principle are unpersuasive, because appellate courts have tools to prevent unwarranted delay and deter frivolous interlocutory appeals.
Bielski does not argue that Coinbase’s appeal in this case is frivolous.
According to Bielski, requiring an automatic stay would create a special, arbitration‑preferring procedural rule.
Coinbase, Inc.
According to Coinbase, Inc., coinbase argues that an appeal of the denial of a motion to compel arbitration stays the litigation, following the divestiture rule and FAA Section 16(a).
Petitioner (Neal K. Katyal)
According to Mr. Katyal, courts have mechanisms in every circuit to weed out frivolous appeals, such as district‑court motions to expedite or return jurisdiction.
According to Petitioner (Neal K. Katyal), eleven times Congress explicitly said there is no automatic stay during interlocutory appeals, including the day before Section 16(a) was enacted.
According to Petitioner (Neal K. Katyal), if there is no automatic stay, parties will incur huge costs and spend thousands of hours in the interim.
What happened at oral argument
According to Justice Thomas, justice Thomas: Haven’t we treated qualified immunity differently from other interlocutory appeals?
According to Justice Thomas, justice Thomas: Does it follow automatically that when you have an interlocutory appeal, there’s an automatic stay?
Justice Sotomayor: Why is that different than a forum selection clause, which we say is not subject to an automatic stay?
According to Justice Gorsuch, justice Gorsuch: Where does this background rule come from? Is it a federal common law principle? How old is it?
According to Justice Alito, justice Alito: Was that right?
According to Justice Kavanaugh, justice Kavanaugh: Should we have an automatic stay on the discretionary factors if discovery is about to be ordered?
Justice Sotomayor: If we say a stay is mandatory, could state courts say no?
According to Justice Jackson, justice Jackson: Can you help me understand why this is not that scenario?
- [1] 7bca58f803932a8e603d-r1-d8359aba3435e4b8.pdf, p. 6
- [2] 7bca58f803932a8e603d-r1-d8359aba3435e4b8.pdf, p. 7
- [3] 7bca58f803932a8e603d-r1-d8359aba3435e4b8.pdf, p. 8
- [4] 7bca58f803932a8e603d-r1-d8359aba3435e4b8.pdf, p. 29
- [5] 7bca58f803932a8e603d-r1-d8359aba3435e4b8.pdf, p. 66
- [6] 7bca58f803932a8e603d-r1-d8359aba3435e4b8.pdf, p. 73
- [7] 7bca58f803932a8e603d-r1-d8359aba3435e4b8.pdf, p. 83
- [8] 7bca58f803932a8e603d-r1-d8359aba3435e4b8.pdf, p. 46
What the Court decided
Why it matters
Terms to know
No glossary terms are available for this guide.
Primary sources
Read the source materials on the official site or open the immutable repository copy used for this guide.
- 68615668c33b975d9f7c-r1-c3f0f38cf9abade9.pdfopinion
- 7bca58f803932a8e603d-r1-d8359aba3435e4b8.pdforal argument transcript
Guide generated September 29, 2026. Automated validation accepted this version.