Simula, Inc. v. Autoliv, Inc.

This appeal presents the question of how broadly an arbitration clause containing the phrase “arising in connection with this Agreement” should be construed. The district court held that it encompassed all disputes having their origin or genesis in the contract and granted appellees’ motion to compel arbitration. We have jurisdiction under 28 U.S.C. § 1291 and we affirm.

I.

In 1992, Simula, Inc., and Simula Automotive Safety Devices, Inc. (together “Si-mula”), invented the Inflatable Tubular Structure (“ITS”), an automotive side impact head protection air bag system. In 1993, Simula approached BMW, a German automaker, about purchasing the ITS. BMW instructed Simula to work through Autoliv, AB, and its subsidiaries, Autoliv, Inc., Autoliv Development GMBH, Autoliv ASP, Inc., and Autoliv North America (collectively “Autoliv”), a previously-approved “first-tier” vendor/supplier of automotive components, to present Simula’s technology for incorporation into BMW’s cars.

As directed by BMW, Simula approached Autoliv about the ITS technology. In May 1993, Autoliv and Simula signed nondisclosure agreements. Thereafter, Simula disclosed to Autoliv confidential, proprietary, and trade…