Marr v. Smith Barney, Harris Upham & Co.

Respondents (the Marrs) petitioned the trial court for an order compelling the appellant brokers to arbitrate 1 the Marrs’ state law claims 2 ' pursuant to clause 10 in the parties’ brokerage contract. 3 The parties had already been in arbitration before NASD regarding other claims, and a federal court had entered a stay of that arbitration. 4

The court denied the Marrs’ request to replace the arbitrators, and it ordered the arbitrators to determine whether the Marrs’ first claim for relief “states a cause of action that would either be eligible under NASD regulations, or is a claim not barred…