Apollo Computer, Inc. v. Berg’s Empirical Analysis
886 F.2d 469 · 1989
Citation profile
18 federal appellate · 7 district · 17 state decisions
How this case has been cited
Cited by 62 later decisions — most recently June 2025 · most notably Contec Corporation v. Remote Solution Co Ltd 04-0382-Cv (2005), Shaw Group Inc. v. Triplefine International Corp. (2003)
18 federal appellate · 7 district · 17 state decisions — followed in 13 states
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Applies 28 U.S.C. § 1291 · 9 U.S.C. § 1 (Federal Arbitration Act) · 9 U.S.C. § 15 (Federal Arbitration Act) · 9 U.S.C. § 2 · 9 U.S.C. § 4
Relies on At&T Technologies, Inc. v. Communications Workers · Mills v. Alabama · American Safety Equipment Corp. v. J. P. Maguire & Co. · George Day Construction Co. v. United Brotherhood of Carpenters, Local 354 · United States v. Metropolitan District Commission
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 62 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“By contracting to have all disputes resolved according to the Rules of the ICC ..., Apollo agreed to be bound by Articles 8.3 and 8.4. These provisions clearly and unmistakably allow the arbitrator to determine her own jurisdiction when, as here, there exists a prima facie agreement to arbitrate whose continued existence and validity is being questioned.”
6 later decisions quote this exact passage · from the majority“The relevant agreement here is the one between Apollo and Dico. The defendants claim that Dico’s right to compel arbitration under that agreement has been assigned to them.... Whether the right to compel arbitration ... was validly assigned to the defendants and whether it can be enforced by them against Apollo are issues relating to the continued existence and validity of the agreement.”
1 later decision quote this exact passage · from the majority“agree to allow the arbitrator to decide both whether a particular dispute is arbitrable as well as the merits of the dispute.”
1 later decision quote this exact passage · from the majority
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.