Writers Guild of America, West, Inc. v. Sweetpea Entertainment Corp.

MEMORANDUM *

Sweetpea Entertainment Corp. (“SEC”), Sweetpea (BVI) Limited (“BVI”) and Sweetpea Entertainment, Inc. (“SEI”) appeal the district court’s confirmation of the opinions and awards in favor of the Writers Guild of America, West, Inc. (the *115 “Guild”). The appellants argue that the district court should not have confirmed the arbitrator’s award because BVI and SEI did not consent to the jurisdiction of the arbitrator.

In George Day Construction Co., Inc. v. United Brotherhood of Carpenters and Joiners of America Local 354, 722 F.2d 1471, 1475 (9th Cir.1984), we concluded that a party consented by arguing the question of jurisdiction along with the merits in an arbitration proceeding and submitting the entire controversy to the arbitrator for decision. Id. We explained that the party could have preserved the arbitrability question for independent judicial scrutiny “by objecting] to the arbitrator’s authority, refus[ing] to argue the arbitrability issue before him, and proceed[ing] to the merits of the grievance” or “by making an objection as to jurisdiction and an express reservation of the question on the record.” Id. We made clear, however, that “where ... the…