United States:
Ninth Circuit Finds Plaintiff Entitled To Trial On Issue Of Whether An Arbitration Agreement Was Executed
14 September 2017
Carlton Fields
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Defendant provided the district court with copies of two
contracts – a Reinsurance Participation Agreement and a
Request to Bind – that were purportedly signed by
Plaintiff's CEO and contained arbitration clauses. However,
Plaintiff submitted a declaration by the CEO's son and
successor, stating that "he is very familiar with his
father's signature an did not recognize the signatures or
believe they were written by his father." Thus, the
Court concluded Plaintiff raised a genuine issue of fact with
respect to the execution of the agreements and was entitled to a
trial pursuant to Section 4 of the FAA, as it states that "if
the making of the arbitration ... be in issue, the court shall
proceed summarily to a trial thereof." 9 U.S.C. §
4.
Arevalo Tortilleria, Inc. v. Applied
Underwriters Captive Risk Assurance Company, Inc., No.
15-56830 (9th Cir. Aug. 4, 2017)
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