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Oceltip Aviation 1 Pty Ltd. v. Gulfstream Aerospace Corporation

Paid petition · United States Court of Appeals for the Eleventh Circuit, No. 20-11080 · judgment April 18, 2022

Certiorari denied · January 9, 2023
Pre-decision estimate: 8% cert probability (95% interval 5%–13%)

Before the decision, about 2× the 4.1% base rate. The model weighted this up for a circuit split argued in the petition, a dissent in the court below (flagged in the petition), and an Eleventh Circuit decision below, and down for a business respondent.

Question presented

Whether, in interpreting contracts that contain both an arbitration provision and a choice-of-law provision, courts may displace state principles of contract interpretation with a federal general common law rule requiring “clear intent” to opt out of the Federal Arbitration Act’s default standards and apply state arbitration standards.

Counsel of record

For petitioner
Fred Anthony Rowley Jr.
Wilson Sonsini Goodrich & Rosati

For respondent
Matthew S. Hellman
Jenner & Block LLP

Case

Conference history
Distributed for 1 conference

Linked docket
22A299

Proceedings

  1. Jan 09 2023
    Petition DENIED.
  2. Dec 07 2022
    DISTRIBUTED for Conference of 1/6/2023.
  3. Dec 01 2022
    Waiver of right of respondent Gulfstream Aerospace Corporation to respond filed.
    Main Document
  4. Nov 16 2022
    Petition for a writ of certiorari filed. (Response due December 19, 2022)
    PetitionAppendixCertificate of Word CountProof of Service
  5. Oct 07 2022
    Application (22A299) granted by Justice Thomas extending the time to file until November 16, 2022.
  6. Oct 05 2022
    Application (22A299) to extend the time to file a petition for a writ of certiorari from October 17, 2022 to November 16, 2022, submitted to Justice Thomas.
    Main DocumentProof of Service