UNITED STATES 1020

United States Court of Appeals, Ninth Circuit, 20 January 2021, No. 18-35573

(Balkrishna Setty, Individually and as General Partner in Shrinivas Sugandhalaya Partnership with Nagraj Setty; Shrinivas Sugandhalaya (Bng) LLP v. Shrinivas Sugandhalaya LLP)

20 - 01 - 2021

UNITED STATES 1020

Yearbook Yearbook Commercial Arbitration, S. W. Schill (ed.), Vol. XLVI (2021)
Jurisdiction United States
Summary

On remand from the Supreme Court (following that Court's 2020 decision in Outokumpu), the Court of Appeals affirmed the district court's order denying defendant's motions to compel arbitration and to grant a stay pending arbitration. The Court held that equitable estoppel precludes a party from claiming the benefits of a contract while simultaneously attempting to avoid the burdens that contract imposes. In this case, however, the plaintiffs' claims were not clearly intertwined with the partnership deed providing for arbitration. Accordingly, the district court properly exercised its discretion in rejecting defendant's argument that plaintiffs should be equitably estopped from avoiding arbitration.

Related topics
217

The court discusses the meaning and effect of the referral of the resolution of disputes to arbitration, including: who can ask for referral and when, whether a party has waived its right to request arbitration, the defense that there was no contract at all; whether there was a condition precedent to the commencement of arbitration (e.g. mediation), stay of proceedings v. compelling arbitration, and national procedural specificities such as remand and removal (US), effect of class action. etc.

Referral to arbitration in general
226

Multi-party disputes: The court discusses under which conditions non-signatories are covered by an arbitration agreement entered into by another party.

Third parties (see also Art. I sub F "problems concerning the identity of the respondent", ¶106)
UNITED STATES 1020