James W. Miller v. MBC Development, LP, et al.
Arbitration Privacy
Question not identified.
QUESTION PRESENTED In this case, a divided Supreme Court of Pennsylvania held that because the parties’ limited partnership agreements contained a Pennsylvania choice-oflaw provision, the Federal Arbitration Act did not preempt two Pennsylvania statutes providing for “court review” of special litigation committee determinations, notwithstanding the limited partnership agreements’ express specification that “[alny dispute or controversy arising under or in connection with this Agreement shall be settled exclusively by arbitration.” The question presented is whether the Federal Arbitration Act preempts state statutes providing that a certain type of claim is exclusively subject to judicial review where the parties to the dispute have expressly agreed to arbitrate all such claims between them?