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Epic Games, Inc. v. Murphy-Johnson

Citations

  • 785 S.E.2d 137
  • 247 N.C. App. 54
  • 2016 WL 1569335
  • 2016 N.C. App. LEXIS 434

How courts have described this case

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

  • concluding that the parties “incorporation of the AAA rules demonstrate[s] that the parties agreed the arbitrator should decide issues of substantive arbitrability”
  • noting that the North Carolina Act “dictate[s] that arbitration is strictly a matter of contract”
  • finding that a clause that requires that arbitration be “conducted pursuant to” the AAA Rules incorporates these rules
  • concluding similar language indicated that the parties sought to delegate issues of substantive arbitrability to the arbitrator
  • observing that the FAA standard of “clear and unmistakable evidence” is “a more exacting standard than currently exists when interpreting arbitration clauses subject to the [North Carolina Act]”
  • declining to determine whether the FAA or the North Carolina Act applied because “[u]nder either law, the plain language of the arbitration clause, properly interpreted, delegates the threshold issue of substantive arbitrability to the arbitrator – not to the trial court”

Source: CourtListener parenthetical corpus (CC0).

Judges: Calabria

Read full opinion on CourtListener

Cited by

13 cases in this archive cite this case.

Cites

5 cases in this archive are cited by this case.

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.