An exclusive "best efforts" technology license subject to California
arbitration allows the licensee to sub-license. A marketing company
contracted by the licensee denies its a sublicensee. That's because
the said marketing contract to the licensee omits -- even though the
marketing company was well aware of the license -- such sublicensee
obligations. Now neither the licensee nor the sublicensee will submit
to arbitration. A Petition to Compel will be filed. Which forum decides
whether the marketing company is a sublicensee or not; the state court
or the arbitrator? (The order to compel should be no problem against
the licensee for several reasons. But what if the alleged sublicensee
fails to respond -- does the arbitrator have the authority to decide
this issue?)