No. 20-1313

Dimitri Shivkov, et al. v. Artex Risk Solutions, Inc., et al.

Lower Court: Ninth Circuit
Docketed: 2021-03-22
Status: Denied
Type: Paid
Tags: aaa-rules arbitration-agreement arbitration-clause class-arbitration dispute-resolution federal-arbitration-act gateway-issues procedural-questions
Key Terms:
Arbitration Privacy ClassAction
Latest Conference: 2021-06-24
Question Presented (AI Summary)

Whether an agreement that specifies arbitration before the AAA as the default dispute-resolution method must also specifically mention the AAA Rules to avoid being considered ambiguous about whether the parties intended to apply the AAA Rules

Question Presented (from Petition)

QUESTIONS PRESENTED 1. The parties’ arbitration clause expressly designates the American Arbitration Association (“AAA”) as their default dispute-resolution method. The clause did not also specifically mention the AAA Rules themselves, which, according to the AAA, apply whenever parties select a AAA arbitration. Must an agreement that specifies arbitration before the AAA as the default dispute-resolution method also specifically mention the AAA Rules to avoid being considered ambiguous about whether the parties intended to apply the AAA Rules? 2. Under the plain text of the Federal Arbitration Act, courts—not arbitrators—decide gateway issues, such as whether there is an agreement to arbitrate and what controversies does it cover. Procedural questions, however, are reserved for arbitrators. Is the availability of class arbitration a matter for an arbitrator to decide, or for a court to decide?

Docket Entries

2021-06-28
Petition DENIED.
2021-06-08
DISTRIBUTED for Conference of 6/24/2021.
2021-06-07
Reply of petitioners Dimitri Shivkov, Individually and as a Trustee of the Phoenix 2010 Revocable Trust, et al. filed. (Distributed)
2021-05-21
Brief of respondents Artex Risk Solutions, Inc.,, et al. in opposition filed.
2021-04-01
Motion to extend the time to file a response is granted and the time is extended to and including May 21, 2021, for all respondents.
2021-03-31
Motion to extend the time to file a response from April 21, 2021 to May 21, 2021, submitted to The Clerk.
2021-03-17
Petition for a writ of certiorari filed. (Response due April 21, 2021)

Attorneys

Artex Risk Solutions, Inc.,, et al.
Linda T. CoberlyWinston & Strawn, LLP, Respondent
Linda T. CoberlyWinston & Strawn, LLP, Respondent
Dimitri Shivkov, Individually and as a Trustee of the Phoenix 2010 Revocable Trust, et al.
David R. DearyLoewinsohn Flegle Deary Simon, LLP, Petitioner
David R. DearyLoewinsohn Flegle Deary Simon, LLP, Petitioner