First Options of Chicago, Inc. v. Kaplan, 514 U.S. 938, 12 (1995)

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Cite as: 514 U. S. 938 (1995)

Opinion of the Court

section, allows courts of appeals to conduct interlocutory review of certain antiarbitration district court rulings (e. g., orders enjoining arbitrations), but not those upholding arbitration (e. g., orders refusing to enjoin arbitrations). 9 U. S. C. 16 (1988 ed., Supp. V). But that portion of the Act governs the timing of review; it is therefore too weak a support for the distinct claim that the court of appeals should use a different standard when reviewing certain district court decisions. The Act says nothing about standards of review.

We conclude that the Court of Appeals used the proper standards for reviewing the District Court's arbitrability determinations.


Finally, First Options argues that, even if we rule against it on the standard-of-review questions, we nonetheless should hold that the Court of Appeals erred in its ultimate conclusion that the merits of the Kaplan/First Options dispute were not arbitrable. This factbound issue is beyond the scope of the questions we agreed to review.

The judgment of the Court of Appeals is affirmed.

It is so ordered.


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