October Term 2002 · Docket 02-215
Who decides if an arbitration clause covers a specific dispute?
The parties dispute whether a court or an arbitrator must decide if a contract clause covers a specific claim.
Verified source milestones
- — An official oral-argument transcript was verified.
The arguments, in order
This case may have been argued more than once. Each entry below uses that session's official transcript. Later arguments do not erase earlier ones.
Argument 1 ·
What happened at the argument
Mr. Grauer argued federal policy favors arbitration. He warned courts should not entangle in speculative litigation. He stated this would undermine important policy.
Mr. Whatley argued courts must determine arbitrability. He cited prior Court decisions. He stated no presumption favors giving this issue to the arbitrator.
questions_and_answers
Read the official transcript for this argument · Official argument details
Sources used for this argument breakdown
- Official Supreme Court Transcript — file page 24, lines 31-11 — Transcript, file page 24, lines 31-11
- Official Supreme Court Transcript — file page 3, lines 17-11 — Transcript, file page 3, lines 17-11
- Official Supreme Court Transcript — file page 3, lines 5-15 — Transcript, file page 3, lines 5-15
- Official Supreme Court Transcript — file page 52, lines 37-39 — Transcript, file page 52, lines 37-39
A citizen's guide to the whole case
What this case is about
This case tests who decides if an arbitration clause covers a specific dispute. the sides that brought the case want courts to avoid deciding arbitration remedies. the opposing sides want courts to decide arbitrability first.
Official sources for this section
- Official Supreme Court Transcript — file page 24, lines 31-11 — Transcript, file page 24, lines 31-11
- Official Supreme Court Transcript — file page 3, lines 17-11 — Transcript, file page 3, lines 17-11
How the case got here
The Supreme Court heard oral argument in this case on February 24, 2003.
Official sources for this section
- Official Supreme Court Transcript — file page 3, lines 5-15 — Transcript, file page 3, lines 5-15
What each side wants
the sides that brought the case want courts to avoid speculative litigation over arbitration remedies.
the opposing sides want courts to decide arbitrability before sending issues to an arbitrator.
Official sources for this section
- Official Supreme Court Transcript — file page 24, lines 31-11 — Transcript, file page 24, lines 31-11
- Official Supreme Court Transcript — file page 3, lines 17-11 — Transcript, file page 3, lines 17-11
What each side says
the sides that brought the case argue federal policy favors arbitration and courts should not entangle in remedies.
the opposing sides argue courts must determine arbitrability and no presumption favors the arbitrator.
Official sources for this section
- Official Supreme Court Transcript — file page 24, lines 31-11 — Transcript, file page 24, lines 31-11
- Official Supreme Court Transcript — file page 3, lines 17-11 — Transcript, file page 3, lines 17-11
What the justices asked
Chief Justice Rehnquist asked if the case is submitted.
Official sources for this section
- Official Supreme Court Transcript — file page 52, lines 37-39 — Transcript, file page 52, lines 37-39
Why it matters
This dispute defines the boundary between judicial and arbitral power. It shapes how parties resolve contract disagreements. It affects the efficiency of the arbitration process. It determines who controls the initial scope of disputes.
Official sources for this section
- Official Supreme Court Transcript — file page 24, lines 31-11 — Transcript, file page 24, lines 31-11
- Official Supreme Court Transcript — file page 3, lines 17-11 — Transcript, file page 3, lines 17-11
What happens next
This article currently covers the argument record. Use the official docket link for later case activity.
Official sources for this section
- Official Supreme Court Transcript — file page 3, lines 5-15 — Transcript, file page 3, lines 5-15
- Official Supreme Court Transcript — file page 52, lines 37-39 — Transcript, file page 52, lines 37-39
Official Court provenance
Official docket and case history · Official Supreme Court oral-argument detail page
Title and summary sources
- Official Supreme Court Transcript — file page 24, lines 31-11 — Transcript, file page 24, lines 31-11
- Official Supreme Court Transcript — file page 3, lines 17-11 — Transcript, file page 3, lines 17-11
- Official Supreme Court Transcript — file page 24, lines 31-11 — Transcript, file page 24, lines 31-11
- Official Supreme Court Transcript — file page 3, lines 17-11 — Transcript, file page 3, lines 17-11
Revision history
- Revision 1 · Official Transcript ·
Correction: Rewritten to the concise citizen-facing editorial standard.
- Revision 2 · Official Transcript ·
Correction: Migrated to the dated official Court activity contract without model use.