Ibi Group, Michigan, LLC, F/k/a Giffels, LLC v. Outokumpu Stainless USA, LLC, F/k/a Thyssenkrupp Stainless USA, LLC…

Summary

The court affirmed an order compelling arbitration because the contracts gave the steel companies discretion to select among mediation, arbitration, and litigation, and did not make an initial selection irrevocable. The companies' later choice of arbitration was permissible after the federal action was dismissed for lack of subject-matter jurisdiction, and Giffels failed to prove substantial prejudice sufficient to establish waiver. Justice Murdock, concurring in the result, rejected the majority's interpretation of "or" but agreed that no waiver occurred.