Mission Residential, LLC v. Triple Net Properties, LLC
Virginia Supreme Court
654 S.E.2d 888 (2008)
Triple Net Properties, LLC (Triple) (defendant) and Mission Residential, LLC (Mission) (plaintiff) formed NNN/Mission Residential Holdings, LLC (Holdings). Section 13.9 of the operating agreement provided for binding arbitration conducted under the Commercial Arbitration Rules of the American Arbitration Association (AAA) for any dispute the members were unable to settle. Triple brought arbitration against Mission for breach of contract. Triple also raised a derivative claim on behalf of Holdings. The arbitrator dismissed Triple’s breach claim for lack of standing, leaving only the derivative claim. Mission sued in circuit court for a declaratory judgment that Holdings had never entered an arbitration agreement. The arbitrator refused to delay the arbitration until a court decision based on AAA Rule R-7(a), which vests sole authority to determine arbitrability in the arbitrator. The arbitrator determined that the derivative claim could be arbitrated, and the court agreed. Mission appealed to the Virginia Supreme Court.
Rule of Law
Holding and Reasoning (Russell, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.
Here's why 170,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 13,800 briefs, keyed to 187 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.