Docket No.: 01-800 Topics:
Certiorari Granted: Feb 25 2002
Argued: October 9, 2002
Decided: December 10, 2002
Economic Activity, 28 U.S.C. 1367, Anti-Injunction Act, Arbitration
PartyNames: Karen Howsam, etc. v. Dean Witter Reynolds, Inc.
Petitioner: Karen Howsam, etc.
Respondent: Dean Witter Reynolds, Inc.
Court Below: United States Court of Appeals for the Tenth Circuit
Citation: CA 10, 261 F.3d 956. QUESTION PRESENTED The parties agreed to arbitrate " all controversies" between them arising out ofthe petitioner's securities accounts with respondent, including "the construction ...of this or any other agreement between" them. The question presented is whether a court or the arbitrators should decide if claims are eligible for arbitration under a self-regulatory organization's arbitration code provision that "[n]o dispute, claim, or controversy shall be eligible for submission to arbitration under this Code where six (6) years have elapsed fromthe occurrence or event giving rise to the act or dispute, claim or controversy."
Lower Court Decision
Supreme Court Docket