2017 | Enero 3
The Sixth Circuit, in reviewing the Ohio district court’s refusal to compel arbitration de novo, noted that an arbitration clause survives the expiration of a contract only when the dispute at issue “arises under the contract,” which occurs in two circumstances relevant to the current dispute. First, the Court stated that a dispute arises under the contract when a “majority of the material facts and occurrences” giving rise to the dispute occurred prior to the expiration of the contract at issue.
In this case, the Court noted that the vast majority of events at issue occurred after the expiration of the Agreement. Second, a dispute arises under the contract when the contractual right at issue survives the expiration of the contract itself.
Sixth Circuit Affirms Ohio Federal Court’s Ruling Denying Motion To Compel Arbitration Because Arbitration Clause In An Expired And Disputed Contract Was Not Enforceable | Carlton Fields – JDSupra
Linglong Americas Inc. et al. v. Horizon Tire Inc.
No.16-3520 (6th Cir. Dec. 1, 2016).