Geldermann, Inc., and Board of Trade of the City of Chicago, Intervening-Appellee v. Commodity Futures Trading Commission

CUMMINGS, Circuit Judge.

The question presented by this appeal is whether the Commodity Exchange Act (“CEA” or “Act”), 7 U.S.C. § 1 et seq., dictates that the Commodity Futures Trading Commission (“CFTC” or “Commission”) promulgate rules requiring commodity exchange members to submit to customer-initiated arbitration, and, if so, whether such a requirement violates Article III of the United States Constitution or the Seventh Amendment. We hold that Congress, through the CEA, intended to require mandatory submission to customer-initiated arbitration and that this requirement does not violate…