Does a non-frivolous appeal of the denial of a motion to compel arbitration divest a district court of jurisdiction to proceed with litigation pending appeal? This is the issue before the U.S. Supreme Court in the recent case Coinbase v. Bielski.

In Griggs v. Provident Consumer Discount Company, the Supreme Court held that an appeal ousts the district court’s jurisdiction to exercise control over “aspects of the case involved in the appeal.” While all circuit courts have acknowledged this general rule, there is a circuit split over whether a district court’s power to proceed with the case on the merits is an independent issue from arbitrability.