After the U.S. Supreme Court’s recent opinion in Badgerow v. Walters, litigants that are confirming (or vacating or modifying) arbitration awards should strategically draft their applications to establish subject-matter jurisdiction if they want to remain in federal court.

Litigants often file applications to confirm arbitration awards in federal court. To confirm an arbitration award in federal court, the court must have subject-matter jurisdiction. The Federal Arbitration Act does not create jurisdiction; rather, an independent jurisdictional basis is required.