United Communications Hub, Inc. v. Qwest Communications, Inc.

Good Law
46 F. App'x 412
United States Court of Appeals for the Ninth CircuitAugust 23, 2002No. 01-56742; D.C. No. CV-01-04371-ABCCalifornia1,461 words

Opinion

Lead Opinion

MEMORANDUM *

Qwest Communications, Inc. (Qwest) appeals the district court’s denial of Qwest’s motion to compel arbitration and its grant of United Communications Hub, Inc.’s (UCHub’s) motion for a preliminary injunction and stay of arbitration. The district court concluded that Qwest’s allegations against UCHub did not relate to invoices or balances, subjects requiring arbitration under the parties’ Wholesale Services Agreement (Agreement). Because we conclude that nine of Qwest’s allegations do relate to invoices or balances and must therefore be arbitrated, we reverse.

We review the district court’s denial of Qwest’s motion to compel arbitration de novo. 1 Similarly, the meaning of an agree- *413 merit to arbitrate receives de novo review. 2 The district court’s grant of the preliminary injunction receives review for abuse of discretion. 3 However, legal issues underlying the district court’s grant of the injunction are reviewed de novo.

We reject UCHub’s extremely narrow interpretation of the Agreement’s mandatory arbitration clause. The narrow subject matter identified by the mandatory arbitration clause — invoices and balances — is somewhat countered by the remainder of…

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