Dominic Marchese v. Shearson Hayden Stone, Inc.

SKOPIL, Circuit Judge:

This case concerns two separate district court actions that have been consolidated on appeal. We are again “confronted with the competing tensions of access to the courts and arbitration.” Amaro v. Continental Can Co., 724 F.2d 747, 748 (9th Cir.1984). At the outset we must decide if a valid arbitration agreement exists between the parties. If we hold such an agreement exists, we must then decide: (1) whether a declaratory relief action concerning interpretation of a provision of the Commodity Exchange Act (“CEA”) is properly referable to arbitration; (2) whether the…