United States Third Circuit

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Khan v. Dell Inc., 10-3655

On a motion to compel arbitration brought by a defendant computer manufacturer in a case alleging design defects brought as a putative consumer class action by a purchaser, the district court's judgment denying the motion is vacated and the case remanded, where: 1) the arbitration agreement in the purchase contract did not indicate the parties' unambiguous intent not to arbitrate their disputes if the named arbitrator was unavailable; and 2) Section 5 of the Federal Arbitration Act requires a court to address such unavailability by appointing a substitute arbitrator.

Appellate Information

  • Decided 01/20/2012
  • Published 01/20/2012

Judges

  • Roth

Court

  • United States Third Circuit

Counsel

  • For Appellant:
  • Kristine M. Brown, F. Paul Bland, Jr.

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