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· 11/19/2009

Dealer Computer Services, Inc. v. Old Colony Motors, Inc.

Citations

  • 588 F.3d 884
  • 2009 U.S. App. LEXIS 25455
  • 2009 WL 3859936

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that “[p]ayment of fees is a procedural 22 condition precedent” to be resolved by arbitrator
  • explaining that payment of fees is within the arbitrators’ discretion and that the trial court erred when it ordered one party to pay the AAA deposit
  • stating that “conditions precedent to arbitration are procedural issues left to the discretion of the arbitrators” and applying this principle to a condition precedent requiring payment of arbitration fees
  • determining “[p]ayment of fees is a procedural condition precedent that the trial court should not review” (but where the arbitrator had apparently not decided the issue of default)
  • “Payment of fees is a procedural condition precedent that the trial 9 court should not review.”
  • “Payment of fees is a procedural condition precedent that the trial court should not review.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Garwood, Owen, Southwick

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.