Gilbert Street Developers, LLC v. La Quinta Homes, LLC

Opinion

SILLS, P. J.

In this case we hold that a contract which contains the mere possibility that American Arbitration Association rules might one day in the future provide that arbitrators would have the power to decide their own jurisdiction does not “clearly and unmistakably” provide that arbitrators will determine their own jurisdiction.

I. BACKGROUND

In July 1998, Tone Yee Investments and La Quinta Homes, LLC, formed Gilbert Street Developers, LLC, in order to acquire and develop certain property on Gilbert Street in Garden Grove. A third entity, Prince Properties, also controlled by Yee,…