The Eleventh U.S. Circuit Court of Appeals has refused to compel arbitration because a loan-agreement provision contained a forum selection clause that the court said was integral to the agreement, and the specified forum was not available to arbitrate the dispute. Inetianbor v. CashCall Inc., No. 13-13822, 2014 WL 4922225 (11th Cir. Oct. 2, 2014) (11th Cir. Oct. 2, 2014). The case is a rare example of a court refusing to enforce what appears to be a clear agreement to arbitrate. But the forum the alternative dispute resolution process was directed to-a sovereign Indian tribal nation-didn't conduct arbitrations. Neither a federal district court nor the appeals court would assign a new forum under the Federal Arbitration Act.
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