Appealed from the First Judicial District Court for the
Parish of Caddo, Louisiana Trial Court No. 611, 762 Honorable
Craig Owen Marcotte, Judge
WIENER, WEISS & MADISON John M. Madison, III Anna Wheeler
O'Neal Counsel for Applicant, Wieland
M. RHODES Counsel for Respondent, Shreveport Aquarium, LLC
MOORE, GARRETT, and THOMPSON, JJ.
GRANTED AND MADE PEREMPTORY.
Wieland-Davco Corporation (Wieland) seeks supervisory review
of the denial of its "Exception of Prematurity and
Motion to Stay."
contract between the parties contains a binding dispute
resolution clause, which provides that any claim subject to,
but not resolved by, mediation pursuant to Section 15.3 of
AIA Document A201-2007, would be subject to arbitration
pursuant to Section 15.4 of AIA Document A201 -2007. Section
15.3 of AIA Document A201-2007 provides that "claims,
disputes, or other matters in controversy arising out of or
related to the contract except those waived as provided for
in Sections 9.10.4, 9.10.5, and 15.1.6, shall be subject to
mediation as a condition precedent to binding dispute
resolution." Section 15.4 of AIA Document A201-2007
provides as follows:
If the parties have selected arbitration as the method for
binding dispute resolution in the agreement, any claim
subject to, but not resolved by, mediation shall be subject
to arbitration which, unless the parties mutually agree
otherwise, shall be administered by the American Arbitration
Association in accordance with its Construction Industry
Arbitration Rules in effect on the date of the agreement. A
demand for arbitration shall be made in writing, delivered to
the other party of the contract, and filed with the person or
entity administering the arbitration. The party filing a
notice of demand for arbitration must assert in the demand
all claims then known to that party on which arbitration is
permitted to be demanded.
Copies of these documents were attached to the pleadings.
suit or proceeding be brought in any of the courts of the
United States upon any issue referable to arbitration under
an agreement in writing for such arbitration, the court in
which such suit is pending, upon being satisfied that the
issue involved in such suit or proceeding is referable to
arbitration under such an agreement, shall on application of
one of the parties stay the trial of the action until such
arbitration has been had in accordance with the terms of the
agreement, providing the applicant for the stay is not in
default in proceeding with such arbitration. 9 U.S.C. §
3. Louisiana's Binding Arbitration Law is virtually
identical to its federal counterpart. See La. R.S.
9:4201, et seq.
threshold inquiry is whether the parties have agreed to
arbitrate the dispute in question. Traders' Mart,
Inc. v. AOS, Inc., 52, 592 (La.App. 2 Cir. 4/10/19), 268
So.3d 420, writ denied, 2019-00694 (La. 10/21/19), __So. 3d
__. This determination involves two considerations: (1)
whether there is a valid agreement to arbitrate between the
parties; and (2) whether the dispute in question falls within
the scope of that arbitration agreement. Id.
Wieland established the existence of a valid arbitration
agreement with Shreveport Aquarium, LLC. Further, Wieland
made proper demand for arbitration, by way of written demand
filed with the American Arbitration Association and delivered
to Shreveport Aquarium, LLC, and reserved its right to
proceed by arbitration in its petition. Finally, the dispute
at issue arises from the contract between the parties and,
is, therefore, an issue referable to arbitration under the
terms of the agreement.
is a strong policy in Louisiana favoring arbitration when it
has been agreed to by the parties. Morial v. BPI Home
Builder, LLC, 12-2195 (La. 11/2/12), 99 So.3d 1006;
Aguillard v. Auction Mgmt. Corp., 04-2804 (La.
6/29/05), 908 So.2d 1; Lincoln Builders, Inc. v. Raintree
Inv. Corp. Thirteen, 37, 965 (La.App. 2 Cir. 1/28/04),
866 So.2d 326. Louisiana and federal law explicitly favor the
enforcement of arbitration clauses in written contracts.
Traders' Mart, supra. Accordingly, the writ is
granted and made peremptory. Wieland's "Exception of