Ruag Ammotec GMBH vs. Archon Firearms, Inc.

Docket No. 84142

Las Vegas – 10:00 a.m. – Full Court

Appellant RUAG Germany seeks to compel Respondent Archon to arbitrate Archon’s claims against RUAG Germany under arbitration provisions contained in agreements between RUAG Hungary—which has been dismissed from the action—and Respondent AF-LTD.  Additionally, RUAG Germany, RUAG Holding, and RUAG USA seek to compel AF-LTD, AF-PTG, and AF-USA to arbitrate their crossclaims pursuant to the terms of a Settlement Agreement between RUAG Hungary, RUAG Germany, AF-LTD, AF-PTG and another non-party AF entity.  The district court denied both motions to compel arbitration and the RUAG Defendants appeal.  ISSUES: (1) Whether the district court erred in deciding the issue of equitable estoppel in lieu of an arbitrator; (2) Whether the district court erred in not applying an estoppel theory to compel Archon to arbitrate its claims; (3) Whether the district court erred in not enforcing the arbitration provision of the Settlement Agreement.