United States Ninth Circuit

When informed that defendant could not afford to pay its pro-rata share of the arbitration fees, the arbitrators acted within their discretion in allowing the arbitration to proceed on the condition that plaintiff advance defendant's fees. District court erred in ordering defendant to pay its fees and compelling arbitration.

Appellate Information

• Argued 03/12/2003
• Decided 04/13/2004
• Published 04/13/2004

Judges

• KOZINSKI, Circuit Judge:, Before: KOZINSKI, GRABER and BERZON, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellees:
  
• Leon M. Bloomfield, Oakland, CA, argued for the defendant-appellant;  Richard S. Rachlin, North Palm Beach, FL, joined him on the brief., Gary T. Lafayette, San Francisco, CA, argued for the plaintiff-appellee;  Susan T. Kumagai, San Francisco, CA, joined him on the brief.