United States Ninth Circuit

The district court's partial denial of defendant's motion to compel arbitration in a copyright and trademark infringement action concerning licenses for access to the Java computer programming language, is reversed and remanded, where: 1) the question whether the court or the arbitrator decides arbitrability is an issue for judicial determination unless the parties clearly and unmistakably provide otherwise; and 2) here, incorporation of the United Nations Commission on International Trade Law arbitration rules into an arbitration provision in a commercial contract constitutes clear and unmistakable evidence that the parties to the contract intended to delegate questions of arbitrability to the arbitrator.

Appellate Information

• Decided 07/26/2013
• Published 07/26/2013

Judges

• CHRISTEN

Court

• United States Ninth Circuit

Counsel