Translarity, Inc. v. Grand Junction Semiconductor Pte. Ltd.
3:24-cv-02423
| N.D. Cal. | Jan 15, 2025Background
- Translarity, Inc. is the plaintiff in a contract dispute with Grand Junction Semiconductor PTE. LTD. and others.
- The Court previously granted in part Grand Junction’s motion to compel arbitration and stayed the remaining proceedings.
- Translarity sought permission for an interlocutory appeal under 28 U.S.C. § 1292(b), challenging the Court’s decision to refer questions of arbitrability to the arbitrator.
- Translarity argued the order presented a controlling question of law: whether the court or arbitrator decides arbitrability when sophisticated parties and certain arbitration rules are involved.
- Defendants opposed, arguing that there is no substantial ground for difference of opinion to justify interlocutory review.
- The Court reviewed whether the requirements for certifying an interlocutory appeal were met and ultimately denied the request.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the court or arbitrator decides | Court or arbitrator should decide arbitrability; cited precedent allegedly supports court's role | No substantial difference of opinion; issue clearly delegated to arbitrator by contract | Arbitrator decides under current precedent |
| arbitrability when contract incorporates arbitration rules | |||
| Whether substantial grounds for difference of opinion exist | Cases (Mondragon, Jackson) create substantial grounds for difference with Oracle America precedent | Those cases are distinguishable; no real difference of opinion on legal principles | No substantial grounds for difference |
| Whether interlocutory appeal is justified under § 1292(b) | Immediate appeal would materially advance case; question is controlling | Appeal unwarranted given clear precedent, no exceptional circumstances | Interlocutory appeal not justified |
Key Cases Cited
- In re Cement Antitrust Litig., 673 F.2d 1020 (9th Cir. 1981) (sets standards for interlocutory appeal under 28 U.S.C. § 1292(b))
- Oracle America, Inc. v. Myriad Group A.G., 724 F.3d 1069 (9th Cir. 2013) (delegates arbitrability questions to arbitrator when sophisticated parties incorporate specific rules)
- Jackson v. Amazon.com, Inc., 65 F.4th 1093 (9th Cir. 2023) (discussed, but distinguished as not involving sophisticated commercial parties)