To: carranza2 who wrote (145882 ) 10/25/2006 5:09:38 AM From: JGoren Read Replies (2) | Respond to The trial judge cannot prevent another appeal of his decision whether NOK's assertion of arbitrability is wholly groundless. NOK would have an appeal as a matter of right, because it would raise de novo issues of whether the trial judge correctly applied the law in making that decision. Some of the posts misundertand the limited inquiry the Federal Circuit instructed the judge to make. The Fed Circuit clearly stated the judge was not to make a decision on whether the claims were arbitratable--which would invade the province of the arbitrator--but only whether the assertion that the claims are abitratable is wholly groundless. The cases the court cited don't really clarify what circumstances would justify a ruling that the assertion is wholly groundless. I would think that the assertion is not wholly groundless. Therefore, the estoppel defense and licensing affirmative defenses go to the arbitrator for a determination of his jurisdiction. You just added about a year to the proceedings.
