Adoption of manifest disregard of law standard as nonstatutory ground to review arbitration awards governed by Uniform Arbitration Act (UAA). 14 A.L.R.6th 491.
Case Notes
Appealable Orders.
Order refusing to vacate an arbitration award was tantamount to an order confirming an arbitration award and was therefore appealable under subdivision (a)(3) of this section. ESI Group, Inc. v. Brown, 90 Ark. App. 6, 203 S.W.3d 664 (2005) (decided under prior version of uniform act).
Appellate court overruled the credit card customer's assertion that the appellate court had no jurisdiction to review the denial of the bank's petition and application to confirm the arbitration award against the customer, because the bank was appealing from the denial of its petition to confirm the arbitration award, not from the denial of its motion for summary judgment.
MBNA Am. Bank, N.A. v. Blanks, 100 Ark. App. 8, 262 S.W.3d 618 (2007) (decided under prior version of uniform act).
Jurisdiction to hear the appeal of the denial of the motion to compel arbitration was under the rule and statute.
Progressive Eldercare Services—Chicot v. Long, 2014 Ark. App. 661, 449 S.W.3d 324 (2014).
Nonappealable Orders.
An order compelling arbitration is not appealable. Chem-Ash, Inc. v. Ark. Power & Light Co., 296 Ark. 83, 751 S.W.2d 353 (1988) (decided under prior version of uniform act).
Cited:
HPD, LLC v. Tetra Techs., Inc., 2012 Ark. 408, 424 S.W.3d 304 (2012); Courtyard Gardens Health & Rehab., LLC v. Quarles, 2013 Ark. 228, 428 S.W.3d 437 (2013).
Notes of Decisions
Cited in 19
cases (10 in the last 5 years), 2012–2026 · leading case: HPD, LLC v. Tetra Tech., Inc., 424 S.W.3d 304 (Ark. 2012).
HPD, LLC v. Tetra Tech., Inc., 424 S.W.3d 304 (Ark. 2012). · cites it 2דTETRA responds that the severability clause, the limitation on the arbitrators’ authority, and the default clause combine to negate the notion that the parties agreed to arbitrate issues of arbitrability.”
Pine Hills Health & Rehab. LLC v. Talley, 546 S.W.3d 492 (Ark. Ct. App. 2018). · cites it 2ד-Civil 2(a)(12); see also Ark. Code Ann. § 16-108-228 (a)(1) (Repl.”
Altice USA, Inc., D/B/A Suddenlink Commc'ns v. Sandra Peterson, 2023 Ark. App. 116 (Ark. Ct. App. 2023). · cites it 2דSuddenlink unsuccessfully moved to compel arbitration in circuit court, and pursuant to Arkansas Code Annotated section 16-108-228 (Repl. 2016) and Rule 2(a)(12) of the Arkansas Rules of Appellate Procedure–Civil, it now takes this appeal.”
Searcy Healthcare Ctr. LLC v. Murphy, 2013 Ark. 463 (Ark. 2013). · cites it 2דThey are more suited for the appeal of an order granting a motion to compel arbitration.”
BDO Seidman, LLP v. SSW Holding Co., 386 S.W.3d 361 (Ark. 2012). · cites it 2דOn appeal, BDO argues (1) that the circuit court erred in denying arbitration because the claim of fraud in the inducement must be resolved by the arbitrator and not the courts, (2) that arbitration cannot be avoided because of unconsciona-bility, and (3) that all of the claims…”
Altice USA, Inc., D/B/A Suddenlink Commc'ns v. Ronnie Francis & Debbie Francis, 2023 Ark. App. 117 (Ark. Ct. App. 2023). · cites it 2דSuddenlink unsuccessfully moved to compel arbitration in circuit court, and pursuant to Arkansas Code Annotated section 16-108-228 (Repl. 2016) and Rule 2(a)(12) of the Arkansas Rules of Appellate Procedure–Civil, it now takes this appeal.”
Stipanuk v. Williams, 552 S.W.3d 34 (Ark. Ct. App. 2018). · cites it 2דThus, the court found that "[t]he rationale for giving the benefit of a contractual agreement to non-signing entities involved in the operation and control of an enterprise" did not apply.”
HPD, LLC v. Tetra Tech., Inc., 424 S.W.3d 304 (Ark. 2012). “TETRA responds that the severability clause, the limitation on the arbitrators’ authority, and the default clause combine to negate the notion that the parties agreed to arbitrate issues of arbitrability.”
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