Vukmir v. University Anesthesiology & Critical Care Medicine Associates

FRIEDMAN, J.,

— The petitioner has appealed this court’s order of January 28,1999 in which we refused to compel the respondent to arbitrate a contract dispute. The issue is whether a court may apply the doctrine of collateral estoppel when deciding a petition to compel arbitration, denying the petition to compel because issues critical to the dispute sought to be arbitrated have already been finally adjudicated by another court. The issue appears not to have been previously addressed by the appellate courts, possibly because it is axiomatic. After argument, we concluded that a court may apply…