On June 13, 1999, Comedy Club, Inc. and Al Copeland Investments, Inc. (collectively “CCI”) executed a Trademark License Agreement (“Trademark Agreement”) with Improv West Associates (“Improv West”) that granted CCI an exclusive nationwide license to use Improv West’s trademarks. A few years later, CCI breached the agreement and sought to protect its interests in the trademarks in federal district court by filing a declaratory judgment action. After a complex procedural history, the parties were left with an arbitration award and two district court orders, one order compelling the parties to arbitrate, and another order confirming the arbitration award. CCI appealed both district court orders. We have jurisdiction under 28 U.S.C. § 1291.
In a prior opinion, published at 514 F.3d 883, we determined that we lacked jurisdiction to review the district court’s order compelling arbitration. We affirmed in part and vacated in part the district court’s order confirming the arbitration award. The Supreme Court vacated that opinion and remanded this case to us for reconsideration in light of Hall Street Associates L.L.C. v. Matel, Inc., 128 S. Ct. 1396 (2008). We determine that Hall Street Associates does not undermine our prior precedent, Kyocera Corp. v. Prudential- Bache T. Servs., 341 F.3d 987 (9th Cir. 2003) (en banc). As a result, in this circuit, an arbitrator’s manifest disregard of the law remains a valid ground for vacatur of an arbitration award under § 10(a)(4) of the Federal Arbitration Act. Therefore, we adhere to the outcome in our prior decision.
