· 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 CourtListenerSourced 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.