Ryan Lynch v. Condominiums of Buena Vista, Inc.

When state courts misconstrue or ignore a written agreement controlling an arbitrability clause governed by the FAA, if the provisions under §2 and §4 mandate the arbitration be retried in accordance with the con­ trolling terms previously agreed upon.

Whether this case presents the opportunity to clarify the requirements for invoking protections un­ der 9 U.S.C. §10 and §11 by any court, within the intent of congress, in order to vacate, reverse, or modify an arbitration award as unconscionable after an arbitra­ tor clearly exceeded the terms agreed as limiting the arbitration clause.

When a district judge compels arbitration but in­ cludes a “persuasive” advisory opinion instead of a mandatory stay in contravention to FAA §3, if that in­ terference with litigant procedural rights on its own is grounds for appeal and retrial, or if litigants must en­ dure the cost and time of a tainted arbitration to a final decision before they can rightfully appeal.