NFIB Files Amicus Brief Supporting Small Businesses’ Right to Arbitration

Date: January 30, 2023

Coinbase v. Bielski concerns arbitration agreements

WASHINGTON, D.C. (Jan. 30, 2023)NFIB filed an amicus brief in the case Coinbase Inc. v. Abraham Bielski at the U.S. Supreme Court disagreeing with the Ninth Circuit’s ruling, which forces parties to simultaneously litigate arbitrable disputes at the trial court during an arbitrability appeal at the court of appeals. NFIB’s brief argues that the right to arbitrate is fundamentally a “right not to litigate the dispute in a court” and instead to have the dispute resolved through arbitration.

“Small businesses benefit from arbitration as an alternative to litigation, as arbitration allows owners to resolve disputes promptly and efficiently,” said Beth Milito, Executive Director of NFIB’s Small Business Legal Center. “Arbitration is often used by small business owners because it is a more cost-effective option compared to costly litigation. We are hopeful that the Supreme Court will agree and reverse the lower court’s ruling.”

The case concerns arbitration cases under the Federal Arbitration Act (FAA). NFIB filed the amicus brief with the U.S. Chamber of Commerce.

The NFIB Small Business Legal Center protects the rights of small business owners in the nation’s courts. NFIB is currently active in more than 40 cases in federal and state courts across the country and in the U.S. Supreme Court.

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