Oracle America, Inc. v. Myriad Group A.G.

How courts have described this case

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

• holding that the determination of whether claims fell within the carve-out of the arbitration agreement was reserved for the arbitrator
• concluding that the parties clearly and unmistakably intended to delegate questions of arbitrability to the arbitrator, and therefore reversing the district court's partial' denial of the motion to compel arbitration
• holding that a clause incorporating UNCITRAL rules “as modified herein” referred to specific modifications of the rules, not the jurisdiction of the arbitrator
• holding that the determination of whether claims 18 fell within the carve-out of the arbitration agreement was reserved for the arbitrator
• holding that a carve-out provision excepting certain claims from an arbitration provision does not abridge an otherwise clear and unmistakable delegation of arbitrability questions to the arbitrator
• holding that “whether ASARCO V. UNITED STEEL 23 the court or the arbitrator decides arbitrability is ‘an issue for judicial determination unless the parties clearly and unmistakably provide otherwise’”

Source: CourtListener parenthetical corpus (CC0).