ADVANCED BODYCARE SOLUTIONS, LLC v. THIONE INTERN.

No. 07-12309.

524 F.3d 1235 (2008)

ADVANCED BODYCARE SOLUTIONS, LLC, Plaintiff-Appellee, v. THIONE INTERNATIONAL, INC., Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

April 21, 2008.


Attorney(s) appearing for the Case

Daniel Lawrence Wallach, Gary C. Rosen, Becker & Poliakoff, P.A., Fort Lauderdale, FL, for Defendant-Appellant.

H. Michael Muniz, Scott J. Topolski, Buckingham, Doolittle & Burroughs, L.L.P., Boca Raton, FL, for Plaintiff-Appellee.

Before BIRCH, PRYOR and KRAVITCH, Circuit Judges.


KRAVITCH, Circuit Judge:

In this interlocutory appeal we must decide whether the Federal Arbitration Act permits enforcement of a contract clause requiring an aggrieved party, prior to filing a lawsuit, to institute mediation or non-binding arbitration. We conclude it does not. Accordingly, we affirm the district court's order denying a stay pending arbitration.

I.

Advanced Bodycare International and Thione International Inc. are parties to a licensing...

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