Berenson v. National Financial Services LLC

LIPEZ, Circuit Judge.

This case concerns the proper boundary between the courts and arbitrators in some novel circumstances. We must determine whether the district court effectively denied the right of appellants National Financial Services and Fidelity Brokerage Services (collectively “Fidelity”) 1 to arbitrate a dispute with their customers, Joan and David Berenson, when it opined on the merits of the Berensons’ claims after granting appellants’ motion to compel arbitration.

The arbitration agreement in this case requires the arbitration of individual claims between Fidelity and its customers…