Scott

Scott v. Borg Warner Protective Services

Good Law
55 F. App'x 414
United States Court of Appeals for the Ninth CircuitJanuary 2, 2003No. 01-16355; D.C. No. CV-99-00925-ACKCalifornia587 words

Opinion

Lead Opinion

MEMORANDUM *

David I. Scott (“Scott”) appeals pro se the district court’s order denying his Motion to Dismiss Stipulation and granting Borg Warner Protective Services’ (“Borg Warner”) motion to confirm an arbitration award. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We review the district court’s confirmation of an arbitration award de novo. Grammer v. Artists Agency, 287 F.3d 886, 890 (9th Cir.2002). We reverse the district court’s order, vacate the arbitration award and remand for further proceedings in the district court.

Scott was not obligated to arbitrate his dispute because he was not bound by the Pre-Dispute Resolution Agreement *416 (“PDRA”) or the Stipulation. 1 See Circuit City Stores, Inc. v. Adams, 279 F.3d 889, 892 (9th Cir.2002) (holding that the Ninth Circuit looks to state contract law to determine whether an arbitration award is valid). Under Hawaii law, an arbitration agreement is not typically a contract of adhesion because it “bears equally” on the contracting parties and “merely substitutes one forum for another.” Brown v. KFC Nat’l Mgmt. Co., 82 Hawaii 226 , 921 P.2d 146, 167 (Haw.1996) (internal quotation marks and citations omitted). Such an…

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