Ninth Circuit Affirms Order Compelling Arbitration Of Putative Class Action, Despite Litigation Forum Selection Clause In Related Contract

Two purported class representatives appealed an order compelling arbitration in their putative class action lawsuit against Amazon Services, LLC. The court affirmed, holding that the named plaintiffs agreed to Amazon's "Business Solutions Agreement," which contained an arbitration clause agreeing to arbitrate "any dispute" relating to the BSA or use of Amazon's services. The court was not persuaded by the plaintiffs' argument that a second "Marketplace Participation Agreement" agreement that they signed, which contained a litigation forum selection clause, took precedence over the arbitration clause in the BSA. The court rejected the argument that the MPA was a separately defined "Program Policy" that was superior to the BSA, finding that the MPA was an inferior "Seller Agreement" within the meaning of the BSA. The court further found that the fact that one of the parties signed the MPA before signing the BSA was immaterial; the BSA and its arbitration provisions