Just one month after the former president and commissioner of his BIG3 basketball league named him as a respondent in an arbitration proceeding, Ice Cube hit back in a New York federal court to enjoin the arbitration under Section 4 of the Federal Arbitration Act (FAA).
In his petition, which BIG3 co-founder Jeffrey Kwatinetz joined, Ice Cube argues that the former commissioner’s claims for wrongful termination arise under an employment agreement with the BIG3 – not him. See Kwatinetz et al. v. Mason, 18-cv-6659 (S.D.N.Y.). As he is not a party or signatory to the agreement, Ice Cube claims that he did not consent to its mandatory arbitration clause and never agreed to waive his right to a trial by a judge or jury. Quoting In re Am. Express Fin. Advisors Sec. Litig., 672 F.3d 113 (2d Cir. 2011), he argues that arbitration is a “matter of consent, not coercion,” and the ex-commissioner’s proceeding should be permanently enjoined under 9 U.S.C. § 4.
If the district court winds up stopping the arbitration, we can expect Ice Cube to boast that he’s pushin the FAA like weight.