This case raises important federal concerns regarding policies favoring arbitration and the well-established doctrine of res judicata, where circuits are divided on whether a court, as opposed to the arbitrator, decides the preclusive effect of a prior judgment.

The questions presented are:

1. Should a court decide the preclusive effect of a judgment on an arbitration proceeding?

2. Did the district court have federal question jurisdiction to determine the preclusive effect of a federal judgment adjudicating a federal question?

Whether a court or arbitrator should determine the preclusive effect of a prior judgment in an arbitration proceeding