Oracle America, Inc. v. Myriad Group A.G., No. 11-17186 (9th Cir. 2013)Annotate this Case
This case stemmed from a dispute between the parties over license agreements which allowed Myriad access to Oracle's Java programming language. On appeal, Myriad challenged the district court's partial denial of its motion to compel arbitration. The court concluded that the incorporation of the United Nations Commission on International Trade Law (UNCITRAL) arbitration rules into the parties' commercial contract constituted clear and unmistakable evidence that the parties agreed to arbitrate arbitrability. Accordingly, the court reversed and remanded for further proceedings.
Court Description: Arbitration. The panel reversed the district court’s partial denial of a motion to compel arbitration in a copyright and trademark infringement action concerning licenses for access to the Java computer programming language. The panel held that, unlike the arbitrability of claims in general, the question whether the court or the arbitrator decides arbitrability is an issue for judicial determination unless the parties clearly and unmistakably provide otherwise. Agreeing with the Second and D.C. Circuits, the panel held that incorporation of the United Nations Commission on International Trade Law arbitration rules into an arbitration provision in a commercial contract constitutes clear and unmistakable evidence that the parties to the contract intended to delegate questions of arbitrability to the arbitrator. The panel remanded the case for proceedings consistent with its opinion.