11th Circuit: District Courts May Equitably Toll FAA 3-Month Deadline to Challenge Arbitration Awards | JDSUPRA

Case: NuVasive Inc. v. Absolute Medical LLC (June 21, 2023)

The Eleventh Circuit Court of Appeals recently held that a court may apply equitable tolling to the Federal Arbitration Act’s three-month time limit for challenging arbitration awards, joining the Seventh, Ninth, and Tenth Circuits in a circuit split.  The court relied on the Ninth Circuit’s analysis in Move Inc. v. Citigroup in reaching its decision, as well as its finding that Section 12 of the FAA’s language was not clearly jurisdictional.  Because of the deepening of the circuit split in this issue, a Supreme Court ruling could come in the future.

“The NuVasive opinion emphasized, however, that the court’s holding is limited to its FAA context and, at least implicitly, that this should not encourage litigants to seek equitable relief indiscriminately.”

Source: 11th Circuit: District Courts May Equitably Toll FAA 3-Month Deadline to Challenge Arbitration Awards