No. 23-522

Imperial Pacific International (CNMI), LLC v. Commonwealth Casino Commission, as Agency of the Commonwealth of the Northern Mariana Islands

Lower Court: Ninth Circuit
Docketed: 2023-11-16
Status: Denied
Type: Paid
Response Waived
Tags: arbitrability arbitration-clause carve-out clear-and-unmistakable clear-and-unmistakable-standard delegation delegation-doctrine ninth-circuit non-binding-arbitration permissive-arbitration
Key Terms:
Arbitration ERISA Privacy
Latest Conference: 2024-01-05
Question Presented (from Petition)

1. Is "clear and unmistakable" delegation to the arbitrator to decide arbitrability negated by a carve-out to arbitrability in the arbitration clause, particularly if it is arguable that the underlying substantive dispute falls within the carve-out?

2. Is "clear and unmistakable" delegation negated if the arbitration clause stipulates that arbitration is permissive instead of mandatory or if the arbitration is non-binding?

Question Presented (AI Summary)

Is 'clear and unmistakable' delegation to the arbitrator to decide arbitrability negated by a carve-out to arbitrability in the arbitration clause?

Docket Entries

2024-01-08
Petition DENIED.
2023-12-20
DISTRIBUTED for Conference of 1/5/2024.
2023-12-01
Waiver of right of respondent Commonwealth Casino Commission as Agency of the Commonwealth of the Northern Mariana Islands to respond filed.
Main DocumentMain Document
2023-11-06
Petition for a writ of certiorari filed. (Response due December 18, 2023)
PetitionPetition

Attorneys

Commonwealth Casino Commission as Agency of the Commonwealth of the Northern Mariana Islands
Jonathan Robert Glass Jr. — CNMI Office of the Attorney General, Respondent
Imperial Pacific International (CNMI) LLC. , et al.
Xiaosheng Huang — Law Huang International Ltd, Petitioner