Tecna Peru, S.A.C. v. Unisert Multiwall Systems In ( 2015 )

Case: 14-20715 Document: 00513188298 Page: 1 Date Filed: 09/10/2015
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
United States Court of Appeals
Fifth Circuit
No. 14-20715 FILED
Summary Calendar September 10, 2015
Lyle W. Cayce
Clerk
TECNA PERU, S.A.C.,
Plaintiff - Appellee
v.
UNISERT MULTIWALL SYSTEMS, INCORPORATED; KENNETH
TIERLING,
Defendants - Appellants
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 4:14-CV-773
Before DAVIS, JONES, and GRAVES, Circuit Judges.
PER CURIAM:*
Unisert Multiwall Systems, Inc. and Kenneth Tierling appeal the district
court’s denial of their motion to compel arbitration. The arbitration clause at
issue is contained in a Contract of Cession. The clause states:
The possible differences in the interpretation of the present
CONTRACT OF CESSION that could be arise between the
ASSIGNOR and the ASSIGNEE will be resolved as much as
* Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH
CIR. R. 47.5.4.
Case: 14-20715 Document: 00513188298 Page: 2 Date Filed: 09/10/2015
No. 14-20715
possible by agreement between the parties or otherwise by the
norms of the Civil code and other effective disposition. In case any
discrepancies may remain, these will be subjected to arbitration so
that they are solved by Arbitration Court made up of three
members.
This suit, however, alleges breach of a different contract, an Agency
Agreement, signed by the same parties. On de novo review, American Bankers
Ins. Co. of Fla. v. Inman, 436 F.3d 490, 492 (5th Cir. 2006), we agree with the
district court that the Contract of Cession’s arbitration clause is limited to
disputes regarding the interpretation and performance of that contract. It does
not govern disputes arising from the Agency Agreement. For this reason and
those stated by the district court, we AFFIRM.
2