This Note will proceed in five sections. Section II will set forth the factual framework of the Schaffer case and the holding of the Fifth Circuit Section III will briefly examine the legal background behind the appeal of arbitrability rulings.9 Section IV will explore the analysis and decision of the Fifth Circuit in Schaffer.0 Finally, Section V will comment on the Schaffer court's holding and discuss its policy implications. This Note will conclude that 9 U.S.C. section 16 must be carefully examined and refined in order to meet the policy goals of arbitration.
Brian T. McCartney,
Rethinking Appeal of Arbitrability Decisions: When to Review That Which Long Process Could Not Arbitrate - F.C. Schaffer & (and) Associates, Inc. v. Demech Contractors, Ltd.,
1997 J. Disp. Resol.
Available at: https://scholarship.law.missouri.edu/jdr/vol1997/iss2/3