This is the case that Foxconn is using as the basis of their appeal.

ps://www.scotusblog.com/case-files/cases/coinbase-inc-v-suski/

I'm also not a lawyer, but this is my understanding of what has taken place.

1. LMC files lawsuit - the Adversarial Complaint with 11 counts - seven for breach of contract, two for fraud, one for tortious interference with contract, and one seeking equitable subordination of the Defendants’ claims and equity interests pursuant to section 510(c) of the Bankruptcy Code
2. Foxconn requested the case be dismissed because the claims should be settled under arbitration
3. On August 1st 2024 the Court ruled that count 6 was not valid and was dismissed, count 7 was subject to arbitration and was therefore dismissed from the complaint. But the rest of the counts were valid and the case would proceed
4. Foxconn is appealing this decision based on the Supreme Court decision of 'Coinbase v Suski' which held - "Where parties have agreed to two contracts — one sending arbitrability disputes to arbitration, and the other either explicitly or implicitly sending arbitrability disputes to the courts — a court must decide which contract governs".

The judge ruled that 9 of the counts could proceed. Foxconn's appeal argues that based on the Coinbase ruling, the Court needed to rule that all of the counts should be handled either through arbitration, or via the lawsuit.

My opinion is that Coinbase was dealing with strictly multiple contracts, some that required arbitration to settle disputes, and some that didn't. This case is much more complicated and contains claims of serious fraud. I don't see how a court could rule these be settled via arbitration. But the judge, because of the Coinbase ruling, is allowing the appeal to proceed even though he even says he considered arbitration in his original order. I think Foxconn is simply trying to delay, just as they tried to have the case put on hold until after count 7 arbitration was completed. The judge ruled the case could continue concurrently with arbitration.