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Open Issue: The Fifth Circuit's Misleading Interpretation Of An Arbitrator's Jurisdiction Under The Telecommunications Act Of 1996 - Coserv Limited Liability Corporation V. Southwestern Bell Telephone Company, An, Amanda Davis Anthony

Journal of Dispute Resolution

in Coserv v. Southwestern Bell Telephone Co., the Fifth Circuit addressed the meaning of "open issues" as related to an arbitrator's jurisdiction to decide issues not agreed upon in voluntary negotiations under provisions of the Telecommunications Act of 1996 (Telecom Act) that ensure competition in local telephone service markets. Through statutory interpretation, the Fifth Circuit gave arbitrators almost limitless jurisdiction. In doing so, the Fifth Circuit cited to the Eleventh Circuit to support its view, but failed to acknowledge the opposite holding by the Eleventh Circuit on the same issue.