THE UNIVERSITY OF IOWA, BOARD OF REGENTS, STATE OF IOWA, Plaintiffs-Appellants,
THE AMERICAN ARBITRATION ASSOCIATION, Defendant-Appellee, MODERN PIPING, INC., Intervenor/Appellee.
from the Iowa District Court for Johnson County, Mary E.
petitioners appeal the order granting summary judgment on
their action to enjoin the American Arbitration Association
from arbitrating a contract dispute. AFFIRMED.
J. Miller, Attorney General, and George A. Carroll, Assistant
Attorney General, for appellants.
A. Templer Jr. and Zachary J. Hermsen of Whitfield &
Eddy, P.L.C., Des Moines, for appellee The American
Jeffrey A. Stone and Gail Brashers-Krug of Simmons Perrine
Moyer Bergman PLC, Cedar Rapids, for appellee Modern Piping,
by Potterfield, P.J., Doyle, J., and Danilson, S.J. [*]
University of Iowa, Board of Regents, and State of Iowa
(petitioners) appeal from the order granting summary judgment
on their action to enjoin the American Arbitration
Association (AAA) from arbitrating a contract dispute. They
contend the district court erred in determining the doctrine
of arbitral immunity prevents them from enjoining the AAA
from arbitrating the dispute.
Background Facts and Proceedings.
Piping, Inc. contracted to perform work on two building
projects at the University of Iowa. Both contracts contain
the following arbitration provision:
[A]ny claim, dispute or other matter in question between the
Contractor and the Owner referred to the Design Professional,
except those which have been waived by the making or
acceptance of final payment as provided in the Uniform
General Conditions of the Contract, shall be subject to
arbitration in accordance with the provisions of the Uniform
General Conditions of the Contract.
disputes arose with regard to each contract, Modern Piping
filed demands for arbitration with the AAA.
petitioners filed an action against the AAA,  seeking to enjoin
it from arbitrating the disputes. The district court issued a
temporary injunction but dissolved it after determining that
the doctrine of arbitral immunity applied. The court granted
the AAA's motion for summary judgment, dismissing the
action on the same ground. The petitioners appealed.
Scope and ...