CashCall v. Inetianbor Cert Stage Briefs

January 6, 2015March 10, 2015Matthew L.M. Fletcher

Here:

Questions presented:

I. Whether there is a non-textual “integrality exception” to the mandatory requirement in the Federal Arbitration Act (“FAA”) that a substitute arbitrator “shall” be appointed by the court whenever the parties’ chosen arbitrator is unavailable for “any … reason”? 9 U.S.C. § 5.

II. Whether a court may void an entire arbitration clause – and force the parties to litigate in court – despite the fact that the parties included a severance provision that, if applied, would render the arbitration clause enforceable?

Lower court materials here.

District court materials here.

Tracy January 6, 2015 / 8:41 pm

I am a bit confused about this. If an arbitral forum was never in existence to begin with when the contract was initiated how can they claim unavailability. Every single Western Sky contract claimed that the CRST would be the chosen arbitral forum. Is it fair or ethical to insert an item into a contract that was an untruth from the onset? I don’t believe the FAA would deem this acceptable.
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