Industra/Matrix Joint Venture v. Pope & Talbot, Inc.

After denying plaintiffs petition to compel arbitration of this dispute over performance of a contract, the trial court granted defendant’s motion for summary judgment. Plaintiff appeals, arguing that an arbitrator, not the court, should have made the decision regarding arbitrability and that, in any event, even if the court was the proper forum for hearing the case, it erred in granting summary judgment. We agree with plaintiffs first contention and consequently reverse and remand.

Plaintiff is Industra/Matrix Joint Venture (plaintiff or Industra/Matrix), an entity consisting of Industra…