Hyundai America, Inc. v. Meissner & Wurst GmbH & Co.
Opinion
Opinion
Fogel, J.
ORDER GRANTING RESPONDENTS’ MOTION TO DISMISS
Respondents Meissner & Wurst GmbH & Co.—U.S. Operations, Inc., and Meissner + Wurst, U.S. Operations, Inc.’s (collectively “M+W” or “Respondents”) motion to dismiss or, alternatively, for summary judgment came before the Court on October 13, 1998. The Court took the motion under submission for decision on the basis of the papers filed by the parties pursuant to Civil Local Rule 7-l(b). The Court has read the moving and responding papers and considered the applicable law. For the reasons set forth below, the motion to dismiss is granted.
I. BACKGROUND
This action arises out of a petition to consolidate two separate interstate arbitration proceedings. The relevant underlying facts are not in dispute.
On July 27,1995, Petitioner Hyundai Electronics America and Respondents M+W entered into a Professional Services Agreement (the “Design Agreement”) by which M+W was to engineer and design a silicon wafer fabrication facility (the “fab”) in Eugene, Oregon. The parties expressly agreed that any disputes arising from the Design Agreement were to be arbitrated in San Francisco, California, according to California law.