United States Ninth Circuit

In a legal malpractice case where the parties had entered into a valid arbitration agreement but the arbitrator terminated arbitration proceedings without entering judgment because one party ran out of funds to pay for its share of the arbitration, the district court's dismissal of the case is reversed where: 1) the Federal Arbitration Act did not require dismissal where plaintiff's case has been had in accordance with the terms of the arbitration agreement, 9 U.S.C. section 3; and 2) the district court appropriately excused plaintiff's failure to pay for arbitration on the grounds of financial incapacity.

Appellate Information

• Published 2016/06/15

Judges

• BERZON

Court

• United States Ninth Circuit

Counsel