Poweragent Inc., a California Corporation v. Electronic Data Systems Corporation, a Delaware Corporation

PowerAgent Inc. (“PowerAgent”) appeals the district court’s orders striking its Amended Complaint and confirming an arbitration award in favor of Electronic Data Systems Corp. (“EDS”). Because Power-Agent itself argued that the arbitration panel should independently determine the arbitrability of all its claims and fails to provide a sufficient basis to vacate the arbitration award, we affirm.

I

PowerAgent’s initial complaint in district court alleged that EDS breached several interrelated contracts — a Services Agreement and two investment agreements— and committed RICO violations. The Services Agreement between PowerAgent and EDS contained the following arbitration clause:

Pursuant to that agreement, EDS filed a motion to dismiss or stay the complaint and compel arbitration. The district court found that, consistent with the initial complaint, the contracts were interrelated, and that the claims in the complaint were subject to the arbitration agreement.

After the district court found that the claims in PowerAgent’s first complaint were subject to arbitration, PowerAgent amended its complaint to: (1) focus on an additional, later, oral agreement, concerning further…