Adam Technologies Int'l v. Sutherland Global Servs., No. 12-10760 (5th Cir. 2013)Annotate this Case
Adam appealed the district court's denial of its motion to appoint an arbitrator under the Federal Arbitration Act, 9 U.S.C. 1 et seq., after determining that the challenges to the appointment presented procedural questions to be decided by the International Centre for Dispute Resolution. As a preliminary matter, the court concluded that the district court had ancillary jurisdiction over Adam's post-judgment motion to appoint an arbitrator under Kokkonen v. Guardian Life Ins. Co. of Am. On the merits, the court rejected Adam's argument on appeal that the district court was required to intervene on grounds that a lapse had occurred in the appointment process; rejected Adam's argument that the district court was required to reach the merits of Adam's request to reinstate the mediator; and rejected Adam's remaining arguments. Accordingly, the court affirmed the judgment.