enforceable arbitration clause in District of Columbia

2014“Put another way, ‘the scales tip in favor of arbitration when we construe an arbitration clause, but only after we find, as an initial matter, that an enforceable arbitration clause exists.’ ” Id. (quoting Adamovic v. METME Corp., 961 F.2d 652, 654 (7th Cir.1992) (internal citations omitted)).

1998Put another way, “the scales tip in favor of arbitration when we construe an arbitration clause, but only after we find, as an initial matter, that an enforceable arbitration clause exists.” Masurovsky, supra, 687 A.2d at 205 (quoting Adamovic v. METME Corp., 961 F.2d 652, 654 (7th Cir.1992)).

2014“Put another way, ‘the scales tip in favor of arbitration when we construe an arbitration clause, but only after we find, as an initial matter, that an enforceable arbitration clause exists.’ ” Id. (quoting Adamovic v. METME Corp., 961 F.2d 652, 654 (7th Cir.1992) (internal citations omitted)).

1998Put another way, “the scales tip in favor of arbitration when we construe an arbitration clause, but only after we find, as an initial matter, that an enforceable arbitration clause exists.” Masurovsky, supra, 687 A.2d at 205 (quoting Adamovic v. METME Corp., 961 F.2d 652, 654 (7th Cir.1992)).

2007This presumption “is essentially a generalized inference of the parties’ intent; courts will presume that an arbitration clause agreed upon by the parties was intended to foreclose judicial involvement in their disputes.” Friend v. Friend, 609 A.2d 1137, 1139 (D.C.1992).

2006The McDonnell court noted that the absence of the word “arbitration” in the agreement was not important, but, “Mather, what is important is that the parties clearly intended to submit some disputes to their ‘chosen instrument for the definitive settlement of [certain] grievances under the Agreement.’ ” Id. at 830-31 (quoting International Longshoremen’s Ass’n v. Hellenic Lines, Ltd., 549 F.Supp. 435, 437 (S.D.N.Y.1982) (holding that binding review by a designated third party is arbitration even if not denominated as such in the contract) (quoting General Drivers, Warehousemen & Helpers, Local

2006The McDonnell court noted that the absence of the word “arbitration” in the agreement was not important, but, “Mather, what is important is that the parties clearly intended to submit some disputes to their ‘chosen instrument for the definitive settlement of [certain] grievances under the Agreement.’ ” Id. at 830-31 (quoting International Longshoremen’s Ass’n v. Hellenic Lines, Ltd., 549 F.Supp. 435, 437 (S.D.N.Y.1982) (holding that binding review by a designated third party is arbitration even if not denominated as such in the contract) (quoting General Drivers, Warehousemen & Helpers, Local

2006The McDonnell court noted that the absence of the word “arbitration” in the agreement was not important, but, “Mather, what is important is that the parties clearly intended to submit some disputes to their ‘chosen instrument for the definitive settlement of [certain] grievances under the Agreement.’ ” Id. at 830-31 (quoting International Longshoremen’s Ass’n v. Hellenic Lines, Ltd., 549 F.Supp. 435, 437 (S.D.N.Y.1982) (holding that binding review by a designated third party is arbitration even if not denominated as such in the contract) (quoting General Drivers, Warehousemen & Helpers, Local

2006Corp. v. Pennsylvania Power & Light Co., a case on which we relied in Meshel , the Second Circuit found that language in a shareholders’ agreement calling for the appointment of an independent tax counsel constituted an enforceable arbitration clause under the federal arbitration act, where the language used “clearly manifests an intention by the parties to submit certain disputes to a specified third party for binding resolution.” 858 F.2d at 825, 830.

2006The McDonnell court noted that the absence of the word “arbitration” in the agreement was not important, but, “Mather, what is important is that the parties clearly intended to submit some disputes to their ‘chosen instrument for the definitive settlement of [certain] grievances under the Agreement.’ ” Id. at 830-31 (quoting International Longshoremen’s Ass’n v. Hellenic Lines, Ltd., 549 F.Supp. 435, 437 (S.D.N.Y.1982) (holding that binding review by a designated third party is arbitration even if not denominated as such in the contract) (quoting General Drivers, Warehousemen & Helpers, Local

2006The McDonnell court noted that the absence of the word “arbitration” in the agreement was not important, but, “Mather, what is important is that the parties clearly intended to submit some disputes to their ‘chosen instrument for the definitive settlement of [certain] grievances under the Agreement.’ ” Id. at 830-31 (quoting International Longshoremen’s Ass’n v. Hellenic Lines, Ltd., 549 F.Supp. 435, 437 (S.D.N.Y.1982) (holding that binding review by a designated third party is arbitration even if not denominated as such in the contract) (quoting General Drivers, Warehousemen & Helpers, Local

2006The McDonnell court noted that the absence of the word “arbitration” in the agreement was not important, but, “Mather, what is important is that the parties clearly intended to submit some disputes to their ‘chosen instrument for the definitive settlement of [certain] grievances under the Agreement.’ ” Id. at 830-31 (quoting International Longshoremen’s Ass’n v. Hellenic Lines, Ltd., 549 F.Supp. 435, 437 (S.D.N.Y.1982) (holding that binding review by a designated third party is arbitration even if not denominated as such in the contract) (quoting General Drivers, Warehousemen & Helpers, Local

1997See also In re Arbitration Between Reading & Bates Corp. and All American Marine Slip, 930 F.Supp. 895, 898 (S.D.N.Y.1996) (holding that presumption in favor of arbitration “is not applicable in determining whether the parties agreed to arbitration in the first place” but applies only “after the determination that a contract contains an arbitration clause”).