United States Third Circuit

Refusal to enforce an arbitration clause is reversed since, under the Federal Arbitration Act, the bankrupcty court lacked the authority and discretion to deny enforcement of an arbitration provision where the debtor failed to establish that Congress intended to preclude waiver of judicial remedies for her claims.

Appellate Information

• Argued 01/10/2005
• Decided 01/10/2006
• Published 01/10/2006

Judges

• ROTH, Circuit Judge., Before ROTH and CHERTOFF, Circuit Judges, and RESTANI, Chief Judge.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• Henry F. Reichner, (Argued), Charles L. Becker, Reed Smith, LLP, Philadelphia, PA, for Appellants.


• For Appellees:
  
• Irv Ackelsberg, (Argued), Community legal Services, Inc., Philadelphia, PA, Paul Bland, Trial Lawyers for Public Justice, Washington, D.C., for Appellee.