United States Ninth Circuit

In an action brought by plaintiff to enjoin Financial Industry Regulatory Authority (FINRA) arbitration, the district court's denial of a preliminary injunction, and its final judgment in favor of the defendant-city is reversed and remanded, where: 1) the forum selection clauses in the parties' contracts superseded any right to FINRA arbitration; 2) the court, rather than FINRA, must determine the arbitrability of the dispute; and 3) although defendant qualified as plaintiff's customer under FINRA Rule 12200, defendant disclaimed its right to FINRA arbitration by agreeing to the forum selection clauses in the agreements.

Appellate Information

• Decided 03/31/2014
• Published 03/31/2014

Judges

• BYBEE

Court

• United States Ninth Circuit

Counsel