Peru v. Unisert Multiwall Sys., Inc.

Full title: TECNA PERU, S.A.C., Plaintiff - Appellee v. UNISERT MULTIWALL SYSTEMS…

Court: UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

Date published: Sep 10, 2015

615 F. App'x 227 (5th Cir. 2015)

Opinion

No. 14-20715

09-10-2015

TECNA PERU, S.A.C., Plaintiff - Appellee v. UNISERT MULTIWALL SYSTEMS, INCORPORATED; KENNETH TIERLING, Defendants - Appellants

PER CURIAM

Summary Calendar Appeal from the United States District Court for the Southern District of Texas
USDC No. 4:14-CV-773
Before DAVIS, JONES, and GRAVES, Circuit Judges. PER CURIAM:^*

* Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR. R. 47.5.4. --------

Unisert Multiwall Systems, Inc. and Kenneth Tierling appeal the district court's denial of their motion to compel arbitration. The arbitration clause at issue is contained in a Contract of Cession. The clause states:

The possible differences in the interpretation of the present CONTRACT OF CESSION that could be arise between the ASSIGNOR and the ASSIGNEE will be resolved as much as
possible by agreement between the parties or otherwise by the norms of the Civil code and other effective disposition. In case any discrepancies may remain, these will be subjected to arbitration so that they are solved by Arbitration Court made up of three members.

This suit, however, alleges breach of a different contract, an Agency Agreement, signed by the same parties. On de novo review, American Bankers Ins. Co. of Fla. v. Inman, 436 F.3d 490, 492 (5th Cir. 2006), we agree with the district court that the Contract of Cession's arbitration clause is limited to disputes regarding the interpretation and performance of that contract. It does not govern disputes arising from the Agency Agreement. For this reason and those stated by the district court, we AFFIRM.