Justice Emily Pines
Petitioner Personal Communications Devices LLC (PCD) moved for an order permanently staying the arbitration currently pending before the American Arbitration Association Centre for Dispute Resolution. Respondents HTC America Inc. and HTC Corporation (HTC) began the arbitration, seeking to recover payment for products that HTC delivered to PCD. PCD contended that the products were defective. The court denied PCD's motion, finding PCD bound by the terms of a 2003 arbitration agreement contained within a supplier agreement, as amended in 2004 along with a 2006 addendum both as successor to the signatory and by the doctrine of estoppel. The court also found that the supplier agreement was in effect when the commercial disputes between the parties arose. The court noted that the arbitrator must still decide issues regarding the validity of the supplier agreement and the dispute concerning claims of payment and defect.
