NAVCOM DEFENSE ELECTRONICS, INC., Plaintiff-Appellee, v. BALL CORPORATION, Defendant-Appellant

This is an appeal from the district court’s order granting summary judgment for Nav-Com and enjoining Ball from submitting its contract dispute with NavCom to arbitration. For the reasons set out below, we affirm the district court’s denial of Ball’s motion to dismiss, reverse the court’s grant of summary judgment, vacate the order prohibiting arbitration, and remand for entry of an order consistent with this opinion.

I

The Air Force awarded NavCom a contract to produce a radar altimeter system. NavCom subcontracted with Ball to design and manufacture antennas to be used as part of the system.…