Topic: because neither party requested mediation, the arbitration … · Go Syfert
← All topics

Topic #27602

4 canonical passages across 4 cases, quoted by 14 opinions in total. These passages cluster together because the same opinions keep quoting them side by side: they state parts of one doctrine. The anchor passage is from Kemiron Atlantic, Inc. v. Aguakem International, Inc..

#Case FlagCanonical passage Citers
1 Kemiron Atlantic, Inc. v. Aguakem International, Inc. Anchor
ca11 · 2002
green “because neither party requested mediation, the arbitration provision has not been activated and the faa does not apply.” 4
2 Oil, Chemical and Atomic Workers' International Union, Local 4-447 v. Chevron Chemical Company
ca5 · 1987
green “a court will not order arbitration if 'no rational mind' could question that the parties intended for a procedural provision to preclude arbitration and that the breach of the procedural requirement was clear.” 4
3 HIM Portland, LLC. v. DeVito Builders, Inc
ca1 · 2003
green “because neither party requested mediation, the arbitration provision has not been activated and the faa does not apply.” 3
4 American Realty Trust, Inc. v. JDN Real Estate-McKinney, L.P.
texapp · 2002
green “such procedural questions include whether any contractually-based prerequisites to arbitration have been satisfied, at least when such issues are intertwined with the underlying facts of the dispute.” 3

A red or yellow flag on a member means the underlying case has negative treatment: for those, check the case page before relying on the passage.

← Caselaw search · Hot / Trending / Newly red · Brief Check