The Ninth Circuit recently reversed a trial court for compelling arbitration without issuing an order that (1) made "the necessary factual findings as to the parties' communications," (2) determined "the law applicable to contract formation," and (3) ruled "as a matter of law what constituted the offer, acceptance, or terms of the contract." The appellate court remanded for the trial court to "resolve factual issues and make legal conclusions regarding the scope of the parties' agreement."
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