ORACLE AMERICA, INC. v. MYRIAD GROUP A.G.

No. 11-17186.

724 F.3d 1069 (2013)

ORACLE AMERICA, INC., Plaintiff-Appellee, v. MYRIAD GROUP A.G., Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed July 26, 2013.


Attorney(s) appearing for the Case

Jeffrey S. Bucholtz (argued), Kevin R. Sullivan , Shannon M. Kasley , Daniel S. Epps , and Timothy J. Sullivan , King & Spalding LLP, Washington, D.C.; Brian A. White , King & Spalding LLP, Atlanta, GA; Geoffrey M. Ezgar , King & Spalding LLP, San Francisco, CA, for Defendant-Appellant.

Jeffrey M. Shohet (argued), Christopher J. Beal , and Amanda C. Fitzsimmons , DLA Piper LLP, San Diego, CA; Elizabeth Rogers Brannen , Oracle America, Inc., Redwood City, CA, for Plaintiff-Appellee.

Before: WILLIAM A. FLETCHER, RONALD M. GOULD, and MORGAN CHRISTEN, Circuit Judges.


OPINION

CHRISTEN, Circuit Judge:

Myriad Group A.G. appeals the district court's partial denial of its motion to compel arbitration. Myriad maintains that incorporation of the United Nations Commission on International Trade Law (UNCITRAL) 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...

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