HIM Portland, LLC. v. DeVito Builders, Inc

TORRUELLA, Circuit Judge.

This case requires us to decide whether a party to an arbitration agreement that is subject to conditions precedent can, without satisfying those conditions, compel arbitration under the Federal Arbitration Act. (“FAA”). HIM Portland (“HIM”) moved the district court, pursuant to an arbitration agreement, to compel DeVito Builders (“DeVito”) to arbitrate a contract dispute between them. DeVito contends that their agreement provided that a request for mediation was a condition precedent to arbitration. Because the parties intentionally conditioned arbitration upon…