Churchill Environmental & Industrial Equity Partners, L.P. v. Ernst & Young, L.L.P.

OPINION

FOLEY, Judge.

Appellant challenges the district court’s order denying its motion to stay proceedings and compel arbitration, arguing that the parties agreed to arbitrate both the merits of respondents’ claims and the parties’ threshold dispute regarding arbitra-bility of those claims. Because we conclude that the parties clearly intended to arbitrate the arbitrability of respondents’ claims, we reverse and remand.

FACTS

Appellant Ernst & Young (E & Y) served as the independent auditor for Asche Transportation Services, Inc. (ATS), a trucking company. In that capacity, E & Y issued audit…