moses
cone
hospital
mercury
constr
argued
november
decided
february
petitioner
hospital
located
north
carolina
entered
contract
respondent
contractor
alabama
corporation
construction
additions
hospital
building
contract
disputes
initially
referred
architect
hired
design
oversee
construction
project
disputes
decided
architect
decided
within
specified
time
submitted
binding
arbitration
arbitration
clause
contract
subsequently
construction
respondent
submitted
claims
architect
extended
overhead
increase
construction
costs
due
petitioner
delay
inaction
claims
resolved
petitioner
refused
pay
petitioner
filed
action
north
carolina
state
respondent
architect
seeking
declaratory
judgment
right
arbitration
petitioner
liable
respondent
liable
entitled
indemnity
architect
days
later
petitioner
obtained
ex
parte
injunction
state
forbidding
respondent
take
steps
toward
arbitration
respondent
objected
stay
dissolved
respondent
filed
action
federal
district
seeking
order
compelling
arbitration
arbitration
act
district
stayed
action
pending
resolution
suit
two
suits
involved
identical
issue
arbitrability
respondent
claims
appeals
holding
jurisdiction
reversed
district
stay
order
remanded
case
instructions
enter
order
arbitrate
held
district
stay
order
appealable
final
decision
appeals
since
order
based
conclusion
federal
state
actions
involved
identical
issue
arbitrability
issue
substantive
issue
present
federal
action
stay
federal
action
pending
resolution
state
action
meant
litigation
federal
thus
respondent
effectively
stay
order
amounted
dismissal
federal
action
moreover
even
stay
order
final
appealability
purposes
nevertheless
appealable
within
finality
rule
exception
applies
order
conclusively
determines
disputed
question
resolves
important
issue
completely
separate
merits
effectively
unreviewable
appeal
final
judgment
cohen
beneficial
loan
pp
district
abused
discretion
granting
stay
pp
federal
district
may
decline
exercise
jurisdiction
parallel
litigation
exceptional
circumstances
clearest
justifications
warrant
dismissal
colorado
river
water
conservation
district
decision
whether
stay
dismiss
federal
action
grounds
wise
judicial
administration
rest
mechanical
checklist
careful
balancing
important
factors
first
assumed
jurisdiction
property
involved
litigation
inconvenience
federal
forum
avoidance
piecemeal
litigation
order
concurrent
forums
obtained
jurisdiction
relevant
decision
apply
given
case
balance
heavily
weighted
favor
exercise
jurisdiction
ibid
pp
test
set
forth
colorado
river
supra
undermined
calvert
fire
insurance
pp
showing
requisite
exceptional
circumstances
justify
district
stay
order
concededly
assumption
either
jurisdiction
res
property
contention
federal
less
convenient
parties
state
factors
avoidance
piecemeal
litigation
order
current
forums
obtained
jurisdiction
rather
supporting
stay
counsel
fact
respondent
obtains
arbitration
order
petitioner
forced
resolve
dispute
respondent
related
dispute
architect
different
forums
result
choice
federal
state
courts
occurs
relevant
federal
law
arbitration
act
requires
piecemeal
resolution
necessary
give
effect
arbitration
agreement
hence
decision
allow
issue
arbitrability
decided
federal
rather
state
cause
piecemeal
resolution
parties
underlying
disputes
fact
suit
filed
federal
suit
sufficient
reason
justify
stay
order
petitioner
refusal
arbitrate
occur
less
day
filed
state
suit
respondent
reasonable
opportunity
file
federal
suit
first
moreover
priority
measured
exclusively
complaint
filed
first
rather
terms
much
progress
made
two
actions
substantial
proceedings
taken
place
state
suit
time
district
stay
order
whereas
federal
suit
parties
taken
steps
necessary
resolution
arbitrability
issue
stay
order
thus
frustrated
arbitration
act
policy
rapid
unobstructed
enforcement
arbitration
agreements
pp
fact
federal
law
terms
arbitration
act
governs
issue
arbitrability
dispute
petitioner
respondent
either
state
federal
another
factor
militating
district
stay
order
see
calvert
supra
pp
finally
important
reason
allowing
stay
probable
inadequacy
state
suit
protect
respondent
rights
since
doubtful
respondent
obtain
state
order
compelling
petitioner
arbitrate
pp
fact
district
stayed
federal
action
rather
dismissing
outright
render
colorado
river
test
inapplicable
pp
appeals
acted
within
authority
deciding
contractual
dispute
arbitrable
arbitration
act
contract
briefs
evidentiary
submissions
parties
merits
arbitrability
brennan
delivered
opinion
white
marshall
blackmun
powell
stevens
joined
rehnquist
filed
dissenting
opinion
burger
joined
post
jack
floyd
argued
cause
petitioner
briefs
stephen
millikin
douglas
ey
gaede
argued
cause
respondent
brief
joseph
mays
charles
nichols
frank
mcfadden
justice
brennan
delivered
opinion
case
commenced
petition
order
compel
arbitration
arbitration
act
arbitration
act
act
presents
question
whether
light
policies
act
decisions
colorado
river
water
conservation
district
calvert
fire
insurance
district
middle
district
north
carolina
properly
stayed
diversity
action
pending
resolution
concurrent
suit
appeals
fourth
circuit
reversed
stay
rehearing
denied
granted
certiorari
affirm
petitioner
moses
cone
memorial
hospital
hospital
located
greensboro
respondent
mercury
construction
mercury
construction
contractor
principal
place
business
alabama
july
mercury
hospital
entered
contract
construction
additions
hospital
building
contract
drafted
representatives
hospital
included
provisions
resolving
disputes
arising
contract
breach
disputes
involving
interpretation
contract
performance
construction
work
referred
first
instance
pease
associates
architect
independent
architectural
firm
hired
hospital
design
oversee
construction
project
certain
stated
exceptions
dispute
decided
architect
decided
within
stated
time
submitted
either
party
binding
arbitration
broad
arbitration
clause
contract
claims
disputes
matters
question
arising
relating
contract
breach
thereof
shall
decided
arbitration
accordance
construction
industry
arbitration
rules
american
arbitration
association
obtaining
unless
parties
mutually
agree
otherwise
agreement
arbitrate
shall
specifically
enforceable
prevailing
arbitration
law
award
rendered
arbitrators
shall
final
judgment
may
entered
upon
accordance
applicable
law
jurisdiction
thereof
app
construction
project
began
july
performance
completed
october
fact
construction
substantially
completed
february
final
inspections
made
june
meeting
october
construction
attended
representatives
mercury
hospital
architect
mercury
agreed
architect
request
withhold
claims
delay
impact
costs
claims
extended
overhead
increase
construction
costs
due
delay
inaction
hospital
work
substantially
completed
record
hospital
contest
existence
agreement
although
asserts
architect
lacked
authority
agree
delay
presentation
claims
entertain
claims
contract
work
completed
january
mercury
submitted
architect
claims
delay
impact
costs
mercury
architect
discussed
claims
several
months
substantially
reducing
amount
claims
according
hospital
first
learned
existence
mercury
claims
april
lawyers
assumed
active
participation
claim
procedure
may
parties
differ
characterizations
events
next
months
whether
ongoing
negotiations
merely
investigation
hospital
event
appears
record
lawyers
hospital
requested
additional
information
concerning
mercury
claims
result
august
mercury
gave
detailed
presentation
claims
meeting
attended
mercury
representatives
lawyers
hospital
representatives
lawyers
representatives
architect
mercury
agreed
send
copies
files
expert
hired
hospital
parties
agreed
meet
october
october
mercury
counsel
telephoned
hospital
counsel
confirm
scheduled
meeting
go
forward
hospital
counsel
said
call
back
next
day
informed
mercury
counsel
hospital
pay
nothing
mercury
claim
also
said
hospital
intended
file
declaratory
judgment
action
north
carolina
state
true
word
hospital
filed
action
morning
october
superior
guilford
county
naming
mercury
architect
defendants
complaint
alleged
mercury
claim
without
factual
legal
basis
barred
statute
limitations
alleged
mercury
lost
right
arbitration
contract
due
waiver
laches
estoppel
failure
make
timely
demand
arbitration
complaint
also
alleged
various
delinquencies
part
architect
relief
hospital
sought
declaration
right
arbitration
stay
arbitration
declaration
hospital
bore
liability
mercury
declaration
hospital
found
liable
respect
mercury
entitled
indemnity
architect
complaint
served
mercury
october
day
mercury
counsel
mailed
demand
arbitration
october
without
notice
mercury
hospital
obtained
ex
parte
injunction
state
forbidding
mercury
take
steps
directed
toward
arbitration
mercury
objected
stay
dissolved
october
soon
stay
lifted
mercury
filed
present
action
district
seeking
order
compelling
arbitration
arbitration
act
jurisdiction
based
diversity
citizenship
hospital
motion
district
stayed
mercury
suit
pending
resolution
suit
two
suits
involved
identical
issue
arbitrability
mercury
claims
app
pet
cert
mercury
sought
review
district
stay
notice
appeal
petition
mandamus
panel
appeals
fourth
circuit
heard
argument
case
panel
issued
decision
informed
parties
consider
case
en
banc
reargument
en
banc
held
appellate
jurisdiction
case
reversed
district
stay
order
remanded
case
district
instructions
entry
order
arbitrate
ii
address
propriety
district
judge
stay
order
must
first
decide
whether
order
appealable
appeals
mercury
sought
appellate
review
two
alternative
routes
notice
appeal
petition
mandamus
writs
act
mercury
expressly
stated
appeal
based
relating
interlocutory
appeals
hospital
contends
order
appealed
final
decisio
within
disagree
hold
stay
order
final
purposes
appellate
jurisdiction
idlewild
liquor
epstein
instructive
regard
plaintiff
brought
federal
suit
challenging
constitutionality
state
statute
district
judge
declined
convene
stayed
federal
suit
pullman
abstention
doctrine
held
district
action
final
therefore
reviewable
appeals
stating
appeals
properly
rejected
argument
order
district
final
hence
unappealable
pointing
ppellant
effectively
event
district
order
final
appealability
purposes
nevertheless
appealable
within
exception
finality
rule
cohen
beneficial
loan
factors
required
show
finality
exception
summarized
follows
come
within
small
class
decisions
excepted
rule
cohen
order
must
conclusively
determine
disputed
question
resolve
important
issue
completely
separate
merits
action
effectively
unreviewable
appeal
final
judgment
coopers
lybrand
livesay
omitted
hospital
contends
nevertheless
district
stay
order
meet
first
criteria
namely
conclusively
determine
disputed
question
true
technical
sense
every
order
short
final
decree
subject
reopening
discretion
district
judge
case
however
basis
suppose
district
judge
contemplated
reconsideration
decision
defer
parallel
suit
surely
made
decision
first
instance
unless
expected
state
resolve
relevant
issues
adequately
see
part
infra
clear
judge
chose
stay
case
rather
dismiss
outright
record
shows
reason
form
hospital
motion
whatever
reason
however
practical
effect
order
entirely
present
purposes
order
appealable
iii
turn
principal
issue
addressed
namely
propriety
district
decision
stay
federal
suit
deference
parallel
litigation
brought
state
colorado
river
water
conservation
district
provides
persuasive
guidance
deciding
question
colorado
river
involved
effect
mccarran
amendment
stat
existence
exercise
jurisdiction
adjudicate
federal
water
rights
amendment
waives
government
sovereign
immunity
permit
joinder
suits
adjudication
water
rights
colorado
river
however
government
proceeded
federal
district
bringing
suit
nonfederal
water
users
seeking
declaration
water
rights
certain
federal
entities
indian
tribes
shortly
thereafter
defendant
suit
sought
join
proceeding
comprehensive
adjudication
administration
water
rights
within
river
system
subject
suit
district
dismissed
federal
suit
holding
abstention
doctrine
required
deference
proceedings
appeals
tenth
circuit
reversed
holding
suit
within
district
jurisdiction
abstention
inappropriate
reversed
judgment
appeals
affirmed
judgment
district
dismissing
complaint
began
analysis
examining
abstention
doctrine
various
forms
noted
abstention
exercise
federal
jurisdiction
exception
rule
doctrine
abstention
district
may
decline
exercise
postpone
exercise
jurisdiction
extraordinary
narrow
exception
duty
district
adjudicate
controversy
properly
abdication
obligation
decide
cases
justified
doctrine
exceptional
circumstances
order
parties
repair
state
clearly
serve
important
countervailing
interest
nevertheless
held
district
dismissal
proper
another
ground
one
resting
considerations
comity
avoidance
constitutional
decisions
abstention
considerations
ise
judicial
administration
giving
regard
conservation
judicial
resources
comprehensive
disposition
litigation
noted
pendency
action
state
bar
proceedings
concerning
matter
federal
jurisdiction
federal
courts
virtually
unflagging
obligation
exercise
jurisdiction
given
continued
given
obligation
absence
weightier
considerations
constitutional
adjudication
relations
circumstances
permitting
dismissal
federal
suit
due
presence
concurrent
state
proceeding
reasons
wise
judicial
administration
considerably
limited
circumstances
appropriate
abstention
former
circumstances
though
exceptional
nevertheless
exist
held
example
first
assuming
jurisdiction
property
may
exercise
jurisdiction
exclusion
courts
assessing
appropriateness
dismissal
event
exercise
concurrent
jurisdiction
federal
may
also
consider
factors
inconvenience
federal
forum
desirability
avoiding
piecemeal
litigation
order
jurisdiction
obtained
concurrent
forums
one
factor
necessarily
determinative
carefully
considered
judgment
taking
account
obligation
exercise
jurisdiction
combination
factors
counselling
exercise
required
clearest
justifications
warrant
dismissal
emphasis
added
citations
omitted
discussing
application
colorado
river
test
must
address
hospital
argument
test
undermined
subsequent
decision
calvert
fire
insurance
find
merit
argument
least
two
reasons
hospital
relies
opinion
justice
rehnquist
announcing
judgment
hospital
argues
justice
rehnquist
opinion
expressly
overruling
colorado
river
least
modifies
holding
substantially
clear
majority
reaffirmed
colorado
river
test
calvert
justice
rehnquist
opinion
commanded
four
votes
opposed
dissenting
opinion
four
justices
concluded
calvert
district
stay
impermissible
colorado
river
brennan
joined
burger
marshall
powell
dissenting
justice
blackmun
although
concurring
judgment
agreed
dissent
colorado
river
test
controlling
voted
remand
permit
district
apply
colorado
river
factors
first
instance
remand
appeals
correctly
recognized
four
dissenting
justices
justice
blackmun
formed
majority
require
application
colorado
river
test
calvert
fire
insurance
even
basis
justice
rehnquist
opinion
however
obvious
distinction
calvert
case
key
calvert
standard
issuance
writ
mandamus
justice
rehnquist
stressed
extraordinary
writs
used
aid
appellate
jurisdiction
confine
inferior
lawful
exercise
prescribed
authority
compel
exercise
authority
duty
movant
must
show
right
writ
clear
indisputable
opinion
rehnquist
justice
rehnquist
concluded
movant
calvert
failed
meet
burden
time
noted
movant
might
succeeded
proper
appeal
case
held
appeals
appellate
jurisdiction
properly
exercised
jurisdiction
find
district
stay
impermissible
colorado
river
hospital
contends
calvert
requires
reversal
opinions
justice
rehnquist
justice
blackmun
require
greater
deference
discretion
district
given
appeals
case
calvert
colorado
river
course
decision
whether
defer
state
courts
necessarily
left
discretion
district
first
instance
yet
say
district
discretion
say
decision
unreviewable
discretion
must
exercised
relevant
standard
prescribed
case
relevant
standard
colorado
river
test
elucidated
factors
discussed
case
shall
explain
agree
appeals
district
case
abused
discretion
granting
stay
iv
applying
colorado
river
factors
case
clear
showing
requisite
exceptional
circumstances
justify
district
stay
hospital
concedes
first
two
factors
mentioned
colorado
river
present
assumption
either
jurisdiction
res
property
contention
federal
forum
less
convenient
parties
state
forum
remaining
factors
avoidance
piecemeal
litigation
order
jurisdiction
obtained
concurrent
forums
far
supporting
stay
actually
counsel
force
consideration
paramount
colorado
river
danger
piecemeal
litigation
hospital
points
two
substantive
disputes
one
mercury
concerning
mercury
claim
delay
impact
costs
architect
concerning
hospital
claim
indemnity
liability
may
mercury
latter
dispute
sent
arbitration
without
architect
consent
since
arbitration
agreement
hospital
architect
true
therefore
mercury
obtains
arbitration
order
dispute
hospital
forced
resolve
related
disputes
different
forums
misfortune
however
result
choice
federal
state
courts
occurs
relevant
federal
law
requires
piecemeal
resolution
necessary
give
effect
arbitration
agreement
arbitration
act
arbitration
agreement
must
enforced
notwithstanding
presence
persons
parties
underlying
dispute
arbitration
agreement
dispute
mercury
hospital
arbitrable
act
hospital
two
disputes
resolved
separately
one
arbitration
litigation
conversely
dispute
mercury
hospital
arbitrable
disputes
resolved
state
neither
two
outcomes
depends
decides
question
arbitrability
hence
decision
allow
issue
decided
federal
rather
state
cause
piecemeal
resolution
parties
underlying
disputes
although
hospital
litigate
arbitrability
issue
federal
rather
state
dispute
easily
severable
merits
underlying
disputes
order
concurrent
tribunals
obtained
exercised
jurisdiction
cuts
district
stay
case
hospital
argues
stay
proper
suit
filed
days
federal
suit
first
place
argument
disregards
obvious
reason
hospital
priority
filing
indispensable
element
mercury
cause
action
arbitration
order
hospital
refusal
arbitrate
see
infra
refusal
occur
less
day
hospital
filed
state
suit
hence
mercury
simply
reasonable
opportunity
file
petition
first
moreover
hospital
succeeded
obtaining
ex
parte
injunction
state
forbidding
mercury
take
steps
secure
arbitration
mercury
filed
petition
day
injunction
dissolved
aside
hospital
priority
argument
gives
mechanical
reading
priority
element
colorado
river
balance
factor
colorado
river
factors
applied
pragmatic
flexible
manner
view
realities
case
hand
thus
priority
measured
exclusively
complaint
filed
first
rather
terms
much
progress
made
two
actions
colorado
river
illustrates
point
well
federal
suit
actually
filed
first
nevertheless
pointed
factor
favoring
dismissal
apparent
absence
proceedings
district
filing
complaint
prior
motion
dismiss
opposite
true
suit
substantial
proceedings
excepting
abortive
temporary
injunction
taken
place
time
decision
stay
federal
suit
contrast
parties
taken
steps
necessary
resolution
arbitrability
issue
realistic
terms
federal
suit
running
well
ahead
state
suit
time
district
decided
refuse
adjudicate
case
refusal
proceed
plainly
erroneous
view
congress
clear
intent
arbitration
act
move
parties
arbitrable
dispute
arbitration
quickly
easily
possible
act
provides
two
parallel
devices
enforcing
arbitration
agreement
stay
litigation
case
raising
dispute
referable
arbitration
affirmative
order
engage
arbitration
sections
call
expeditious
summary
hearing
restricted
inquiry
factual
issues
assuming
state
granted
prompt
relief
mercury
act
still
inevitable
delay
result
district
stay
stay
thus
frustrated
statutory
policy
rapid
unobstructed
enforcement
arbitration
agreements
besides
four
factors
expressly
discussed
colorado
river
another
emerges
calvert
fact
federal
law
provides
rule
decision
merits
factor
ambiguous
relevance
colorado
river
calvert
however
dissenting
opinion
justice
blackmun
opinion
concurring
judgment
pointed
case
involved
issues
federal
law
blackmun
concurring
judgment
brennan
dissenting
see
also
colorado
river
equally
apparent
case
involves
federal
issues
basic
issue
presented
mercury
federal
suit
arbitrability
dispute
mercury
hospital
federal
law
terms
arbitration
act
governs
issue
either
state
federal
section
primary
substantive
provision
act
declaring
written
agreement
arbitrate
maritime
transaction
contract
evidencing
transaction
involving
commerce
shall
valid
irrevocable
enforceable
save
upon
grounds
exist
law
equity
revocation
contract
section
congressional
declaration
liberal
federal
policy
favoring
arbitration
agreements
notwithstanding
state
substantive
procedural
policies
contrary
effect
section
create
body
federal
substantive
law
arbitrability
applicable
arbitration
agreement
within
coverage
act
prima
paint
flood
conklin
mfg
example
parties
signed
contract
containing
arbitration
clause
one
party
alleged
fraud
inducement
entire
contract
although
alleged
fraud
go
arbitration
clause
particular
issue
us
whether
issue
fraud
inducement
arbitrable
controversy
held
language
policies
act
required
conclusion
fraud
issue
arbitrable
although
holding
prima
paint
extended
specific
issue
presented
courts
appeals
since
consistently
concluded
questions
arbitrability
must
addressed
healthy
regard
federal
policy
favoring
arbitration
agree
arbitration
act
establishes
matter
federal
law
doubts
concerning
scope
arbitrable
issues
resolved
favor
arbitration
whether
problem
hand
construction
contract
language
allegation
waiver
delay
like
defense
arbitrability
sure
factor
less
significance
calvert
since
federal
courts
jurisdiction
enforce
arbitration
act
concurrent
state
courts
emphasize
task
cases
find
substantial
reason
exercise
federal
jurisdiction
district
rather
task
ascertain
whether
exist
exceptional
circumstances
clearest
justifications
suffice
colorado
river
justify
surrender
jurisdiction
although
rare
circumstances
presence
issues
may
weigh
favor
surrender
see
supra
presence
issues
must
always
major
consideration
weighing
surrender
finally
case
important
reason
allowing
stay
probable
inadequacy
proceeding
protect
mercury
rights
understood
impeach
competence
procedures
north
carolina
courts
moreover
state
courts
much
federal
courts
obliged
grant
stays
litigation
arbitration
act
less
clear
however
whether
true
order
compel
arbitration
act
need
resolve
question
suffices
say
minimum
substantial
room
doubt
mercury
obtain
state
order
compelling
hospital
arbitrate
many
cases
doubt
stay
quite
adequate
protect
right
arbitration
case
party
opposing
arbitration
one
payment
performance
sought
stay
litigation
alone
enough
leaves
recalcitrant
party
free
sit
nothing
neither
litigate
arbitrate
state
stayed
litigation
pending
arbitration
declined
compel
hospital
arbitrate
mercury
sure
way
proceed
claims
except
return
federal
obtain
order
pointless
wasteful
burden
supposedly
summary
speedy
procedures
prescribed
arbitration
act
hospital
argues
colorado
river
test
somehow
inapplicable
case
district
merely
stayed
federal
litigation
rather
dismissing
suit
outright
colorado
river
contends
mercury
remains
free
seek
reopen
federal
suit
showing
state
suit
failed
adjudicate
rights
stay
less
onerous
dismissal
already
rejected
distinction
purposes
case
discussing
appellate
jurisdiction
supra
reject
context
reasons
occasion
case
decide
whether
dismissal
stay
ordinarily
preferred
course
action
district
properly
finds
colorado
river
counsels
favor
deferring
parallel
suit
say
however
stay
much
refusal
exercise
federal
jurisdiction
dismissal
district
decides
dismiss
stay
colorado
river
presumably
concludes
parallel
litigation
adequate
vehicle
complete
prompt
resolution
issues
parties
substantial
doubt
serious
abuse
discretion
grant
stay
dismissal
see
part
supra
mcneese
board
education
thus
decision
invoke
colorado
river
necessarily
contemplates
federal
nothing
resolving
substantive
part
case
whether
stays
dismisses
see
wright
miller
cooper
federal
practice
procedure
pp
moreover
assuming
unexpected
reason
state
forum
turn
inadequate
respect
hospital
argument
fails
make
genuine
difference
stay
dismissal
true
mercury
seek
return
federal
proved
necessary
equally
true
district
dismissed
case
highly
questionable
whether
approved
dismissal
federal
suit
colorado
river
abstention
cases
see
supra
federal
courts
remain
open
dismissed
plaintiff
later
demonstrated
inadequacy
state
forum
addition
reversing
district
stay
appeals
decided
underlying
contractual
dispute
mercury
hospital
arbitrable
arbitration
act
terms
parties
arbitration
agreement
reversed
district
judgment
remanded
case
directions
proceed
conformity
herewith
effect
appeals
directed
district
enter
order
arbitrate
hospital
contest
substantive
correctness
appeals
holding
arbitrability
raise
several
objections
procedures
appeals
used
considering
deciding
case
particular
points
issue
formally
appealed
appeals
propriety
district
stay
order
ordinarily
expect
appeals
pass
issues
decided
district
present
case
however
disposed
disturb
discretion
handling
case
view
special
interests
stake
apparent
lack
prejudice
parties
title
gives
appeals
latitude
entering
order
achieve
justice
circumstances
arbitration
act
calls
summary
speedy
disposition
motions
petitions
enforce
arbitration
clauses
appeals
record
full
briefs
evidentiary
submissions
parties
merits
arbitrability
held
disputed
issues
fact
requiring
jury
trial
order
issue
circumstances
acted
within
authority
deciding
legal
issues
presented
order
facilitate
prompt
arbitration
congress
envisaged
affirmed
footnotes
contract
provided
demand
arbitration
made
later
days
architect
written
final
decision
case
arbitrable
disputes
subject
submission
architect
demand
required
made
within
reasonable
time
claim
arisen
event
applicable
statute
limitations
run
contract
also
set
starting
time
limit
arbitration
demands
demand
made
earlier
days
presentation
evidence
architect
unless
architect
rendered
written
decision
time
completion
date
originally
set
november
extended
october
agreement
parties
simultaneously
mercury
filed
petition
removal
hospital
action
district
remanded
removed
case
ground
hospital
architect
north
carolina
corporations
complete
diversity
propriety
removal
remand
section
provides
relevant
part
courts
appeals
shall
jurisdiction
appeals
final
decisions
district
courts
except
direct
review
may
hospital
argues
mercury
filing
appeals
styled
petition
mandamus
first
notice
appeal
alternative
hospital
somehow
entitled
appeals
apply
stricter
standards
review
obtain
mandamus
procedure
considering
appeal
brief
petitioner
understand
order
proceeding
benefit
hospital
event
contention
frivolous
first
place
mercury
also
filed
proper
notice
appeal
district
see
fed
rule
app
proc
fundamentally
appeals
occasion
engage
extraordinary
review
mandamus
aid
jurisdictio
exercise
review
contemporaneous
ordinary
appeal
see
hines
railroad
pullman
plaintiff
idlewild
requested
injunctive
relief
enforcement
state
statute
nevertheless
clear
neither
appeals
based
holding
appealability
argument
district
effectively
denied
injunctive
relief
see
generally
carson
american
brands
section
terms
applies
interlocutory
orders
therefore
hardly
basis
holding
orders
final
basis
dissent
attempt
post
distinguish
idlewild
basis
case
pending
action
district
stay
issued
neither
appeals
suggested
idlewild
state
doors
anything
wide
open
plaintiff
ffectively
means
effectively
federal
keeping
fact
decision
appeal
refusal
exercise
federal
jurisdiction
moreover
dissent
resolution
appealability
issue
yield
odd
result
pullman
abstention
orders
immediately
appealable
texas
compare
american
trial
lawyers
assn
new
jersey
stays
appropriate
pullman
cases
harris
county
commissioners
moore
dismissal
permissible
accommodate
texas
jurisdictional
requirements
oddity
illustrates
artificiality
resting
appealability
otherwise
substanceless
distinction
stays
dismissals
present
context
see
part
infra
see
england
louisiana
bd
medical
examiners
see
ultracashmere
house
meyer
merrill
lynch
pierce
fenner
smith
haydu
see
citing
dispositive
amdur
lizars
see
also
federman
empire
fire
marine
insurance
baltimore
bank
cooperatives
farmers
cheese
cooperative
sun
oil
fea
temp
emerg
app
rancho
palos
verdes
laguna
beach
hines
supra
drexler
southwest
dubois
school
en
banc
druker
sullivan
see
acton
borden
state
farm
mutual
automobile
insurance
scholes
frederick
thomas
dictum
course
cases
recognize
idlewild
disturb
usual
rule
stay
ordinarily
final
decision
purposes
since
stays
put
plaintiff
effectively
see
amdur
supra
idlewild
reasoning
limited
cases
colorado
river
abstention
closely
similar
doctrine
object
stay
require
essential
part
federal
suit
litigated
state
forum
answers
dissent
argument
post
idlewild
overruled
part
coopers
lybrand
livesay
rejected
death
knell
doctrine
appealability
death
knell
doctrine
rested
argument
situations
interlocutory
decision
refusal
certify
class
might
terminate
suit
practical
matter
named
plaintiff
lack
economic
incentive
pursue
individual
claim
death
knell
case
however
order
sought
appealed
legal
effect
named
plaintiff
ability
proceed
individual
claim
federal
obvious
difference
case
plaintiff
may
choose
proceed
case
district
refuses
allow
plaintiff
litigate
claim
federal
appeal
stay
abstention
colorado
river
grounds
therefore
presents
prospect
appeals
right
nonfinal
orders
turn
facts
particular
case
coopers
lybrand
supra
foresee
great
difficulty
determining
district
surrendered
jurisdiction
federal
lawsuit
much
reason
dissent
errs
likening
stay
case
ordinary
delay
interest
docket
control
post
hold
order
becomes
final
merely
may
practical
effect
allowing
state
first
rule
common
issue
hold
stay
order
final
sole
purpose
effect
stay
precisely
surrender
jurisdiction
federal
suit
state
accord
firestone
tire
rubber
risjord
macdonald
abney
completely
separate
merits
requirement
distillation
principle
piecemeal
review
steps
towards
final
judgment
merge
cohen
beneficial
loan
case
course
step
towards
final
judgment
refusal
proceed
see
fed
rule
civ
proc
wright
miller
cooper
federal
practice
procedure
pp
coopers
lybrand
held
cohen
rule
apply
class
decertification
order
among
reasons
order
inherently
tentative
federal
rule
civil
procedure
provides
order
may
altered
amended
decision
merits
course
rule
provides
virtually
interlocutory
orders
may
altered
amended
final
judgment
sufficient
cause
shown
yet
make
pretrial
orders
inherently
tentative
sense
phrase
coopers
lybrand
rationale
behind
rule
certification
decision
made
soon
practicable
even
though
later
events
discoveries
may
mandate
different
result
many
orders
contrast
made
expectation
final
word
subject
addressed
certainly
true
order
issue
case
reasoning
coopers
lybrand
reach
pretrial
orders
formally
subject
revision
revision
might
reasonably
expected
ordinary
course
litigation
quoting
county
allegheny
frank
mashuda
contention
categories
abstention
doctrine
apply
case
quoting
kerotest
mfg
fire
equipment
quoting
mcclellan
carland
decision
colorado
river
came
district
stay
order
calvert
appeals
issued
mandamus
case
remand
decision
calvert
district
appeals
concluded
stay
continued
rested
decision
ground
addressed
prior
appeals
decision
calvert
fire
insurance
opinions
case
concluded
filing
federal
suit
defensive
tactical
maneuver
based
contrived
federal
claim
hence
stay
called
means
deter
vexatious
use
federal
courts
courts
also
noted
interim
basis
plaintiff
assertion
exclusive
federal
jurisdiction
vanished
calvert
fire
insurance
american
mutual
reinsurance
supp
nd
case
come
review
second
time
appeals
case
relied
similar
reasoning
concluded
despite
chronological
priority
filing
hospital
suit
contrived
defensive
reaction
mercury
expected
claim
relief
arbitration
reasoning
courts
appeals
case
calvert
vexatious
reactive
nature
either
federal
state
litigation
may
influence
decision
whether
defer
parallel
state
litigation
colorado
river
considerable
merit
need
rely
reasoning
however
conclude
infra
even
hospital
acted
complete
good
faith
exceptional
circumstances
warranting
district
stay
appeals
calvert
held
lacked
jurisdiction
entertain
ordinary
appeal
apparently
portion
federal
litigation
subject
exclusive
federal
jurisdiction
therefore
remain
disposed
federal
conclusion
proceedings
calvert
fire
insurance
citing
cotler
orthopaedic
cf
drexler
southwest
dubois
school
stay
litigation
pending
exhaustion
state
remedies
final
idlewild
issue
appellate
jurisdiction
presented
calvert
provides
sharp
contrast
key
statute
issue
colorado
river
mccarran
amendment
stressed
primary
policy
statute
avoidance
piecemeal
litigation
itoh
jordan
international
acevedo
maldonado
ppg
industries
hamilton
life
insurance
republic
national
life
insurance
cases
course
may
advisable
stay
litigation
among
nonarbitrating
parties
pending
outcome
arbitration
decision
one
left
district
state
trial
applicable
state
procedural
rules
matter
discretion
control
docket
see
generally
landis
north
american
course
mean
say
state
injunction
properly
applied
prevent
mercury
filing
prosecuting
federal
lawsuit
see
general
atomic
felter
donovan
city
dallas
mercury
obliged
however
put
danger
contempt
sanctions
merely
order
cut
short
period
hospital
priority
filing
see
also
supra
arbitration
act
mercury
application
order
properly
treated
procedurally
motion
mercury
submitted
affidavits
legal
briefs
documentary
evidence
support
order
sought
hospital
responded
full
briefing
extensive
evidentiary
submissions
arbitrability
issue
requested
oral
argument
jury
trial
time
made
successful
motion
stay
readily
apparent
district
denied
stay
doubtless
gone
decide
arbitrability
point
short
order
section
provides
suit
brought
merits
dispute
covered
arbitration
agreement
suit
pending
upon
satisfied
issue
involved
suit
proceeding
referable
arbitration
agreement
shall
application
one
parties
stay
trial
action
arbitration
accordance
terms
agreement
providing
applicant
stay
default
proceeding
arbitration
section
provides
district
must
enter
order
arbitrate
upon
satisfied
making
agreement
arbitration
failure
comply
therewith
issue
either
points
issue
provides
shall
proceed
summarily
trial
point
section
provides
request
relief
either
treated
procedurally
motion
moreover
policy
arbitration
act
requires
liberal
reading
arbitration
agreements
see
infra
result
issues
might
thought
relevant
arbitrability
arbitrable
speeding
procedure
see
prima
paint
flood
conklin
mfg
see
infra
cf
nn
infra
although
dissenting
justices
colorado
river
relied
point
see
majority
concluded
law
point
controlling
two
reasons
first
affirmative
policy
federal
law
expressly
approving
litigation
federal
water
rights
state
mccarran
amendment
second
although
water
rights
indian
tribes
governed
part
federal
law
bulk
litigation
necessarily
revolve
around
water
rights
thousand
nonfederal
parties
case
factor
expressly
relied
approving
district
stay
maritime
transactions
commerce
defined
arbitration
act
dickinson
heinold
securities
wick
atlantic
marine
becker
autoradio
becker
autoradiowerk
gmbh
hanes
millard
app
acevedo
maldonado
ppg
industries
germany
river
terminal
coenen
pressprich
hart
orion
insurance
see
infra
arbitration
act
something
anomaly
field
jurisdiction
creates
body
federal
substantive
law
establishing
regulating
duty
honor
agreement
arbitrate
yet
create
independent
jurisdiction
supp
otherwise
section
provides
order
compelling
arbitration
federal
district
jurisdiction
suit
underlying
dispute
hence
must
diversity
citizenship
independent
basis
federal
jurisdiction
order
issue
commercial
metals
balfour
guthrie
cases
cited
section
likewise
limits
federal
courts
extent
federal
stay
suit
pending
unless
suit
existence
nevertheless
although
enforcement
act
left
large
part
state
courts
nevertheless
represents
federal
policy
vindicated
federal
courts
otherwise
appropriate
need
address
whether
federal
might
stay
suit
pending
arbitration
cf
supra
although
refers
ambiguously
suit
courts
state
courts
almost
unanimously
recognized
stay
provision
applies
suits
state
well
federal
courts
requiring
issue
speedy
relief
dispute
referable
arbitration
north
carolina
held
although
district
ordered
stay
burke
county
public
schools
board
education
shaver
partnership
necessary
carry
congress
intent
mandate
enforcement
covered
arbitration
agreements
congress
hardly
meant
agreement
arbitrate
enforced
party
attempts
litigate
arbitrable
dispute
federal
one
sues
dispute
state
see
also
prima
paint
section
unlike
speaks
petition
district
nonetheless
least
one
state
held
require
state
courts
issue
orders
arbitrate
section
conditions
met
main
merrill
lynch
pierce
fenner
smith
cal
app
cal
rptr
historical
matter
considerable
doubt
time
district
stay
north
carolina
granted
even
stay
litigation
precedent
north
carolina
effect
contract
mercury
hospital
subject
arbitration
act
reasoning
construction
project
commerce
within
meaning
act
burke
county
public
schools
board
education
shaver
partnership
app
electric
durham
county
hospital
app
north
carolina
however
since
repudiated
decisions
burke
county
public
schools
board
education
shaver
partnership
reservation
course
applies
cases
colorado
river
american
trial
lawyers
assn
new
jersey
stay
rather
dismissal
pullman
abstention
justice
rehnquist
chief
justice
justice
join
dissenting
zeal
provide
arbitration
party
thinks
deserving
made
exception
established
rules
procedure
attempt
cast
district
decision
final
judgment
fails
justice
meaning
word
final
act
congress
limits
jurisdiction
courts
appeals
district
judges
administer
laws
first
instance
district
stayed
proceeding
set
trial
date
two
months
away
doubt
order
interlocutory
subject
review
mandamus
pursuant
true
even
though
arbitration
act
provides
shall
proceed
summarily
trial
order
setting
trial
date
guides
course
litigation
force
dispose
merits
order
tentative
subject
change
time
motion
party
sua
sponte
order
district
actually
entered
final
delayed
proceedings
completion
pending
litigation
state
courts
order
also
tentative
subject
change
showing
state
proceedings
delayed
either
hospital
state
courts
applying
federal
act
reason
change
arisen
order
dispose
case
merits
state
found
agreement
arbitrate
within
meaning
arbitration
act
district
bound
finding
res
judicata
collateral
estoppel
apply
state
reached
decision
district
absence
stay
likelihood
state
competent
jurisdiction
may
enter
judgment
may
determine
issue
case
render
final
federal
district
decision
take
recess
order
additional
briefing
parties
five
days
five
months
take
case
advisement
rather
render
immediate
decision
bench
possibility
magically
change
character
order
district
judge
entered
case
section
judicial
code
congressional
command
federal
courts
appeals
interfere
district
courts
management
ongoing
proceedings
unless
high
standards
writ
mandamus
met
district
certifies
interlocutory
appeal
pursuant
congress
directed
district
courts
permitted
conduct
cases
see
fit
reason
rule
simple
since
right
judgment
one
matter
grace
necessary
ingredient
justice
congress
beginning
forbidding
piecemeal
disposition
appeal
practical
purposes
single
controversy
set
enfeebling
judicial
administration
thereby
avoided
obstruction
claims
come
permitting
harassment
cost
succession
separate
appeals
various
rulings
litigation
may
give
rise
initiation
entry
judgment
effective
judicial
administration
must
momentum
arrested
permitting
separate
reviews
component
elements
unified
cause
cobbledick
frankfurter
unanimous
acknowledged
importance
rule
finality
recently
coopers
lybrand
livesay
rejected
called
death
knell
exception
coopers
putative
representative
plaintiff
whose
motion
class
certification
denied
district
sought
appeal
accepted
argument
order
effectively
put
held
circumstance
justify
exception
statute
llowing
appeals
right
nonfinal
orders
turn
facts
particular
case
thrusts
appellate
courts
indiscriminately
trial
process
thus
defeats
one
vital
purpose
rule
maintaining
appropriate
relationship
respective
courts
goal
absence
compelling
reasons
contrary
much
worth
preserving
quoting
parkinson
april
industries
concurring
opinion
given
sound
principled
justification
permitting
appeals
thrust
trial
process
case
begins
citing
idlewild
liquor
epstein
district
stayed
action
challenging
constitutionality
state
statute
give
state
courts
opportunity
pass
upon
constitutional
issues
presented
although
relevant
litigation
pending
state
courts
held
order
appealable
plaintiff
effectively
idlewild
control
case
first
mercury
less
effectively
idlewild
pending
state
proceeding
might
resolved
issues
case
idlewild
might
well
obliged
take
risk
violating
statute
challenging
enforcement
proceeding
state
importantly
however
decision
idlewild
good
law
coopers
supra
describes
coopers
holding
doctrine
cohen
beneficial
loan
apply
class
decertification
order
federal
rule
civil
procedure
ante
hold
doctrine
applicable
decertification
order
went
reject
argument
decertification
order
final
death
knell
doctrine
holding
order
become
final
simply
plaintiff
unable
pursue
claim
order
stands
declined
attach
importance
fact
plaintiff
coopers
effectively
idlewild
mercury
noted
death
knell
doctrine
merit
apply
equally
many
interlocutory
orders
ordinary
litigation
may
tactical
economic
significance
defeat
tantamount
death
knell
entire
case
also
noted
provides
review
certain
nonfinal
orders
death
knell
doctrine
circumvents
restrictions
ignoring
discussion
holding
coopers
created
unjustified
exception
also
stay
order
case
appealable
cohen
supra
quotes
formulation
cohen
doctrine
coopers
order
must
conclusively
determine
disputed
question
resolve
important
issue
completely
separate
merits
action
effectively
unreviewable
appeal
final
judgment
quoted
ante
furthermore
certain
staying
case
district
resolved
important
issue
issue
deemed
important
purposes
simply
appeals
thinks
appellant
prevail
issue
whether
factual
question
whether
agreement
arbitrate
adjudicated
state
federal
unless
reason
believe
state
resolve
factual
question
wrongly
quite
rightly
disclaims
ante
see
issue
important
interlocutory
order
may
place
litigant
procedural
disadvantage
reasons
believe
district
order
appealable
interlocutory
orders
committed
statute
judgment
district
courts
judges
courts
majority
litigants
devising
exceptions
statute
believes
particular
litigant
wronged
given
view
appealability
find
necessary
decide
whether
district
order
proper
case
disturbed
however
sanctioned
extraordinary
departure
usual
accepted
course
judicial
proceedings
affirming
appeals
decision
issue
decided
district
appeals
ordered
district
enter
order
compelling
arbitration
even
though
issue
considered
district
maintained
difference
appellate
jurisdiction
original
jurisdiction
least
since
marbury
madison
cranch
essential
criterion
appellate
jurisdiction
revises
corrects
proceedings
case
already
instituted
understand
say
appeals
discretion
perform
nonappellate
act
relies
provides
appeals
may
affirm
modify
vacate
set
aside
reverse
judgment
decree
order
lawfully
brought
review
may
remand
cause
direct
entry
appropriate
judgment
decree
order
require
proceedings
may
circumstances
reason
believe
district
acted
promptly
resolve
dispute
merits
reversed
stay
judges
appeals
believe
know
case
decided
reason
substitute
judgment
district
judge
without
regard
normal
course
appellate
procedure
judgment
vacated
case
remanded
appeals
directions
dismiss
appeal
want
jurisdiction
failing
even
correct
stay
order
error
judgment
reversed
insofar
decides
question
arbitrability
case
remanded
district
proceedings
arbitration
act
practical
matter
clear
appeals
course
provided
arbitration
quickly
district
even
granted
certiorari
appeals
correct
dispute
plainly
arbitrable
reason
expect
state
courts
resolved
issue
months
case
appeals