Amazon Sellers Required to Arbitrate Dispute Pursuant to FAA, 9th Cir. Rules

SAN FRANCISCO — Two Amazon sellers are required to arbitrate their dispute with the company pursuant to an arbitration clause contained in a Business Solutions Agreement (BSA), a federal appellate court has ruled, holding that the clause takes precedent over a related agreement’s forum selection clause.

On Oct. 13, the 9th Circuit U.S. Court of Appeals held that the agreement containing the forum selection clause falls within the BSA’s definition of a “seller agreement” and is thus encompassed by the BSA and its arbitration clause.

Jo Ellen Peters and Ken Lane agreed to Amazon’s Business Solutions Agreement, which contains an …