CashCall, Inc. v. Inetianbor
Petition for certiorari denied on April 6, 2015
Issue: (1) Whether there is a non-textual “integrality exception” to the mandatory requirement in the Federal Arbitration Act (FAA) that a substitute arbitrator “shall” be appointed by the court whenever the parties' chosen arbitrator is unavailable for "any … reason"; and (2) whether a court may void an entire arbitration clause – and force the parties to litigate in court – despite the fact that the parties included a severance provision that, if applied, would render the arbitration clause enforceable.