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Litigation & Arbitration

May 12, 2026

Burford asks Supreme Court to review arbitration jurisdiction ruling

A divided panel of the 3rd Circuit concluded that motions to compel arbitration under Section 4 of the Federal Arbitration Act require an independent jurisdictional basis, even when filed in an already-pending federal matter.

Litigation finance giant Burford Capital has asked the U.S. Supreme Court to review a 3rd U.S. Circuit Court of Appeals decision that limited federal courts' ability to compel arbitration in pending cases, arguing the ruling conflicts with recent Supreme Court precedent and threatens the broad reach of the Federal Arbitration Act.

In a petition filed May 4, Burford German Funding LLC, German Litigation Solutions LLC and Burford Capital LLC urged the justices to take up a dispu...

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