First Options of Chicago, Inc. v. Kaplan
First Options of Chicago, Inc. v. Kaplan, 514 U.S. 938 (1995), was a case decided by the Supreme Court of the United States on who decides whether a dispute is subject to arbitration, the courts or an arbitrator.
First Options of Chicago, Inc. v. Kaplan | |
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Argued March 22, 1995 Decided May 22, 1995 | |
Full case name | First Options of Chicago, Incorporated, Petitioner v. Manuel Kaplan, et us. and MK Investments, Incorporated |
Citations | 514 U.S. 938 (more) 115 S. Ct. 1920; 131 L. Ed. 2d 985; 1995 U.S. LEXIS 3463; 63 U.S.L.W. 4459; Fed. Sec. L. Rep. (CCH) ¶ 98,728; Comm. Fut. L. Rep. (CCH) ¶ 26,398; 95 Cal. Daily Op. Service 3821; 95 Daily Journal DAR 6474; 9 Fla. L. Weekly Fed. S 64 |
Case history | |
Prior | On writ of certiorari to the United States Court of Appeals for the Third Circuit |
Holding | |
Judicial review of arbitrability of contract is properly permitted when parties have not clearly agreed that arbitrator will decide question | |
Court membership | |
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Case opinion | |
Majority | Breyer, joined by unanimous |
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