Once a labor agreement expires, Chuck O'Connor, general counsel of the owners'labor relations committee, said, " except for certain types of cases, disputes aren't arbitrable unless both sides agree ."
32.
MKI, which had signed the only workout document containing an arbitration agreement, submitted to arbitration, but the Kaplans, who had not signed that document, filed objections with the panel, denying that their disagreement with First Options was arbitrable.
33.
In " Volt Information Sciences v . Stanford University ", the Court unanimously declined to compel arbitration under the FAA since the contract between the parties agreed that it would be governed by California law, which limited the arbitrable issues.
34.
He observed that a state court finding that the dispute was not arbitrable would have been binding on a federal court as " res judicata " whether or not the stay had been granted, if the state court action had concluded first.
35.
Writing for the panel, Timbers called MacMahon's holding that the 1934 Act claims were arbitrable " an unwarranted departure from the settled law of this Circuit " and reviewed " Allegaert " and the other cases that had established that.
36.
Nonetheless, on appeal the Court of Appeals for the Third Circuit agreed with the Kaplans that their dispute was not arbitrable; and it reversed the District Court's confirmation of the award against them . 19 F . 3d 1503 ( 1994 ).
37.
See Mitsubishi Motors, supra, at 626 ( " ` ( A ) ny doubts concerning the scope of arbitrable issues should be resolved in favor of arbitration "') ( quoting Moses H . Cone Memorial Hospital v . Mercury Constr.
38.
Finally, First Options argues that, even if we rule against it on the standard-of-review questions, we nonetheless should hold that the Court of Appeals erred in its ultimate conclusion that the merits of the Kaplan / First Options dispute were not arbitrable.
39.
The claim that they were arbitrable rested on " Wilko v . Swan ", which had held that three provisions of the Securities Act of 1933, including one with specific language to that effect, barred the mandatory arbitration of private securities-fraud claims.
40.
The district court granted it on all but claims under the Securities Act of 1933 ( known in securities law as the " 1933 Act " ), which regulates trading in the primary market; they were the only ones that the Supreme Court had not ruled arbitrable during recent terms.
