Ramar Production Services v. Applied Underwriters
Defendants and appellants Applied Underwriters Inc. (Applied Underwriters), Applied Underwriters Captive Risk Assurance Company, Inc (AUCRA) and California Insurance Company (CIC) (Collectively Applied) appeal the court's order denying their motions to compel arbitration and to stay the action of plaintiffs and respondents Ramar Production Services, Inc. and J.J.S.B., Inc. (collectively Ramar) based on inconvenient forum. They contend (1) California law did not apply to their agreements with Ramar; (2) Ramar had challenged the arbitration contract as a whole and not just the arbitration agreement's delegation clause, therefore, the arbitrator and not the court must decide the arbitrability issue; and (3) Nebraska law applies to the parties' agreement. Finally, appellants renew their evidentiary objection to Ramar's counsel's declaration.
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