Orlando Thunder, L.p., a Florida Limited Partnership,plaintiff-appellee, v. National Football League; World League of Americanfootball, L.p., et al., Defendants-appellants, 45 F.3d 436 (9th Cir. 1994)

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US Court of Appeals for the Ninth Circuit - 45 F.3d 436 (9th Cir. 1994) Argued and Submitted Dec. 13, 1994. Decided Dec. 22, 1994

Before: WALLACE, Chief Judge, PREGERSON and BEEZER, Circuit Judges.


ORDER

The district court's April 15, 1993, order denying World League of American Football's motion to compel arbitration is reversed and remanded. Although we have previously held that domestic antitrust claims are not arbitrable, Lake Communications v. ICC Corp., 738 F.2d 1473, 1479 (9th Cir. 1984), the rule was fundamentally undermined by the Supreme Court's opinion in Mitsubishi Motors Corp. v. Soler Chrysler-Plymouth, 473 U.S. 614, 632-35 (1985) (international antitrust disputes are arbitrable). In Nghiem v. NEC Electronic, 25 F.3d 1437 (9th Cir. 1994), we expressly held that domestic antitrust claims are now arbitrable. Nghiem is controlling.

On remand, the district court must compel arbitration of all claims against defendant World League of American Football. Dean Witter Reynolds Inc. v. Byrd, 470 U.S. 213 (1985). However, the district court may exercise its discretion in determining whether to stay proceedings involving defendants not party to the arbitration agreement. See id.

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