Oracle America, Inc. v. Myriad Group A.G.

Myriad Group A.G. appeals the district court’s partial denial of its motion to compel arbitration. Myriad maintains that incorporation of the United Nations Commission on International Trade Law (UNCITRAL) 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. We agree, consistent with the other circuits to have considered the question. We therefore reverse the district court’s partial denial of Myriad’s motion to compel arbitration.

I. BACKGROUND

Myriad is a Swiss mobile software company. Oracle America, Inc. is a Delaware corporation that developed Java, a computer programming language, and the Java Runtime' Environment. The Java Run-time Environment facilitates cross-platform computing compatibility.

Oracle has a community licensing program that allows access to the Java programming language and use of Java trademarks in exchange for royalties. Myriad entered into a Community Source License in 2002. The Source License encompasses several separate licenses, including the Technology Compatibility Kits (TCK)…