· 3/28/2000
Chiron Corporation, a Delaware Corporation v. Ortho Diagnostic Systems, Inc., a New Jersey Corporation
Citations
- 207 F.3d 1126
- 2000 Cal. Daily Op. Serv. 2416
- 2000 Daily Journal DAR 3246
- 2000 U.S. App. LEXIS 5138
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that “district court correctly found that the federal law of arbitrability under the FAA governs the allocation of authority between courts and arbitrators” despite arbitration agreement’s choice-of-law provision
- holding that “district court correctly found that the federal law of arbitrability under the FAA governs the allocation of authority between courts and arbitrators” despite arbitration agreement’s choice-of-law provision
- holding that in determining whether to compel 8 arbitration, a court may only consider (1) if a valid arbitration agreement exists and (2) if 9 the agreement encompasses the dispute at issue
- noting that “[i]f the response is 18 affirmative on both counts, then the [FAA] requires the court to enforce the arbitration agreement 19 in accordance with its terms”
- noting that “[i]f the response is 20 affirmative on both counts, then the [FAA] requires the court to enforce the arbitration agreement 21 in accordance with its terms”
- holding the res judicata effect of a prior arbitration award on a subsequent arbitration is an issue to be determined by an arbitrator “because res judicata is a legal defense that is necessarily intertwined with the merits”
Source: CourtListener parenthetical corpus (CC0).
Judges: Hug, Nelson, McKeown
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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