Hernandez v. MicroBilt Corp., 2023 U.S. App. LEXIS 32072 (3rd Cir. December 5, 2023) (Porter, C.J.).
MicroBilt Corporation seeks to compel Maria Del Rosario Hernandez to arbitrate her claims under the Federal Arbitration Act. 9 U.S.C. § 4. But Hernandez has fully complied with MicroBilt’s arbitration provision, which allows her to pursue her claims in court. We therefore lack the authority to compel arbitration.
Under Rule 1(d), Hernandez was permitted to return to court when “the AAA decline[d] to administer [the] arbitration,” without qualification. J.A. 58. MicroBilt’s arbitration provision, including the AAA rules that it incorporates, does not condition her return to court on the AAA’s decision being correct, or even reasonable. That is the deal the parties struck. And under 9 U.S.C. § 4, we may compel arbitration only if Hernandez failed to comply with that deal. She did not. She fully complied. We therefore lack the authority to review the AAA’s decision.
