Biomagic, Inc. v. Dutch Brothers Enterprises, LLC

ORDER DENYING “MOTION TO STAY [A] PENDING ARBITRATION”

We are often reminded that our national policy favors arbitration. See, e.g., Southland Corp. v. Keating, 465 U.S. 1, 10 , 104 S.Ct. 852 , 79 L.Ed.2d 1 (1984). The Federal Arbitration Act (“FAA”) “fore-closets] state legislative attempts to undercut the enforceability of arbitration agreements.” Id. at 16 , 104 S.Ct. 852 . “[A]ny doubts concerning the scope of arbitrable issues should be resolved in favor of arbitration .... ” Moses H. Cone Memorial Hosp. v. Mercury Constr. Corp., 460 U.S. 1, 24-25 , 103 S.Ct. 927 , 74 L.Ed.2d 765 (1983). “[Questions of arbitrability [are] addressed with a healthy regard for the federal policy favoring arbitration.” Id. at 24 , 103 S.Ct. 927 . And so on.

Though there are trends against arbitration in some areas, the FAA still applies with full force. See Nina Yadava, Note: Can You Hear Me Now? The Courts Send a Stronger Signal Regarding Arbitration Class Action Waivers in Consumer Telecommunications Contracts, 41 Colum. J.L. & Soc. Probs. 547 (2008). But arbitration is a matter of choice. When drafting agreements to arbitrate, parties may choose for arbitration to be governed by state law…