contract containing an arbitration clause in Alabama

2008Ex parte Isbell , 708 So.2d 571 (Ala. 1997).

2002Ex parte Isbell , 708 So.2d 571 (Ala. 1997).

2016“JCRA relies upon Buckeye Check Cashing, Inc. v. Cardegna, 546 U.S. 440 , 126 S.Ct. 1204 , 163 L.Ed.2d 1038 (2006), for the proposition that an arbitrator, not a court, must decide a challenge to the validity and enforcement of a contract containing an arbitration clause.

2016“JCRA relies upon Buckeye Check Cashing, Inc. v. Cardegna, 546 U.S. 440 , 126 S.Ct. 1204 , 163 L.Ed.2d 1038 (2006), for the proposition that an arbitrator, not a court, must decide a challenge to the validity and enforcement of a contract containing an arbitration clause.

2008Specifically, claims against a nonsignatory to a contract containing an arbitration provision are "founded on, and are intertwined with, the facts surrounding the underlying contract," id. , (1) where the plaintiff asserts breach of duty imposed or entailed by that contract, or (2) where the plaintiff alleges conspiracy or agency between a nonsignatory and a signatory to a contract containing an arbitration clause.

2002Specifically, claims against a nonsignatory to a contract containing an arbitration provision are `founded on, and are intertwined with, the facts surrounding the underlying contract,' id., (1) where the plaintiff *329 asserts breach of duty imposed or entailed by that contract, or (2) where the plaintiff alleges conspiracy or agency between a nonsignatory and a signatory to a contract containing an arbitration clause.

2014Corp., 352 F.2d 291, 294 (2d Cir.1965) (stating that ‘absent contrary expression, assignment of a contract carries with it a right to arbitration therein provided’); Gruntal & Co. v. Steinberg, 843 F.Supp. 1 (D.N.J.1994) (stating that ‘a successor to or assignee of a contract containing an arbitration clause may be obligated to arbitrate pursuant to that arbitration clause’); Banque de Paris et des Pays-Bas v. Amoco Oil Co., 573 F.Supp. 1464 (S.D.N.Y.1983) (stating that an assignee may pursue the claims of the assignor and may enforce an arbi tration provision ■ the assignor had agreed to).” 7

1997Corp. , 352 F.2d 291 , 294 (2d Cir. 1965) (stating that "absent contrary expression, assignment of a contract carries with it a right to arbitration therein provided"); Gruntal Co., v. Steinberg , 843 F. Supp. 1 (D.N.J. 1994) (stating that "a successor to or assignee of a contract containing an arbitration clause may be obligated to arbitrate pursuant to that arbitration clause"); Banque de Paris et des PaysBas v. Amoco Oil Co. , 573 F. Supp. 1464 (S.D.N.Y. 1983) (stating that an assignee may pursue the claims of the assignor and may enforce an arbitration provision the assignor had agreed to)

2014Corp., 352 F.2d 291, 294 (2d Cir.1965) (stating that ‘absent contrary expression, assignment of a contract carries with it a right to arbitration therein provided’); Gruntal & Co. v. Steinberg, 843 F.Supp. 1 (D.N.J.1994) (stating that ‘a successor to or assignee of a contract containing an arbitration clause may be obligated to arbitrate pursuant to that arbitration clause’); Banque de Paris et des Pays-Bas v. Amoco Oil Co., 573 F.Supp. 1464 (S.D.N.Y.1983) (stating that an assignee may pursue the claims of the assignor and may enforce an arbi tration provision ■ the assignor had agreed to).” 7

1997Corp. , 352 F.2d 291 , 294 (2d Cir. 1965) (stating that "absent contrary expression, assignment of a contract carries with it a right to arbitration therein provided"); Gruntal Co., v. Steinberg , 843 F. Supp. 1 (D.N.J. 1994) (stating that "a successor to or assignee of a contract containing an arbitration clause may be obligated to arbitrate pursuant to that arbitration clause"); Banque de Paris et des PaysBas v. Amoco Oil Co. , 573 F. Supp. 1464 (S.D.N.Y. 1983) (stating that an assignee may pursue the claims of the assignor and may enforce an arbitration provision the assignor had agreed to)

2002Hutton Co ., 925 F.2d 1136 (9th Cir. 1991), which involved a claim of fraud in the factum relating to a contract containing an arbitration clause, and which cited Cancanon , supra .

2000Hutton Co. , 925 F.2d 1136 (9th Cir. 1991), which involved a claim of fraud in the factum relating to a contract containing an arbitration clause, and which cited Cancanon , supra .

2002Hutton Co ., 925 F.2d 1136 (9th Cir. 1991), which involved a claim of fraud in the factum relating to a contract containing an arbitration clause, and which cited Cancanon , supra .

2000Hutton Co. , 925 F.2d 1136 (9th Cir. 1991), which involved a claim of fraud in the factum relating to a contract containing an arbitration clause, and which cited Cancanon , supra .

1999The trial court granted F C's motion to stay, "holding that a charge of fraud in the inducement of a contract containing an arbitration clause as broad as this one was a question for the arbitrators and not for the court." 388 U.S. at 399 , 87 S.Ct. 1801 .

1999The trial court granted F C's motion to stay, "holding that a charge of fraud in the inducement of a contract containing an arbitration clause as broad as this one was a question for the arbitrators and not for the court." 388 U.S. at 399 , 87 S.Ct. 1801 .

1994Ex parte Jones, 628 So.2d 316 (Ala.1993).

1994Ex parte Jones, 628 So.2d 316 (Ala.1993).

2014Corp., 352 F.2d 291, 294 (2d Cir.1965) (stating that ‘absent contrary expression, assignment of a contract carries with it a right to arbitration therein provided’); Gruntal & Co. v. Steinberg, 843 F.Supp. 1 (D.N.J.1994) (stating that ‘a successor to or assignee of a contract containing an arbitration clause may be obligated to arbitrate pursuant to that arbitration clause’); Banque de Paris et des Pays-Bas v. Amoco Oil Co., 573 F.Supp. 1464 (S.D.N.Y.1983) (stating that an assignee may pursue the claims of the assignor and may enforce an arbi tration provision ■ the assignor had agreed to).” 7

2009Turning first to the conclusion that the oral contract arose out of, or was related to, the architecture contract and therefore that the arbitration clause in the architecture contract applies to a dispute regarding the oral contract, we do not here deal with arbitrability of tort claims arising out of a contract containing an arbitration clause such as was presented in Elizabeth Homes, L.L.C. v. Cato, 968 So.2d 1 (Ala. 2007), and Koullas v. Ramsey, 683 So.2d 415 (Ala.1996).

2009Turning first to the conclusion that the oral contract arose out of, or was related to, the architecture contract and therefore that the arbitration clause in the architecture contract applies to a dispute regarding the oral contract, we do not here deal with arbitrability of tort claims arising out of a contract containing an arbitration clause such as was presented in Elizabeth Homes, L.L.C. v. Cato, 968 So.2d 1 (Ala.2007), and Koullas v. Ramsey, 683 So.2d 415 (Ala.1996).

2009Turning first to the conclusion that the oral contract arose out of, or was related to, the architecture contract and therefore that the arbitration clause in the architecture contract applies to a dispute regarding the oral contract, we do not here deal with arbitrability of tort claims arising out of a contract containing an arbitration clause such as was presented in Elizabeth Homes, L.L.C. v. Cato, 968 So.2d 1 (Ala. 2007), and Koullas v. Ramsey, 683 So.2d 415 (Ala.1996).

2009Turning first to the conclusion that the oral contract arose out of, or was related to, the architecture contract and therefore that the arbitration clause in the architecture contract applies to a dispute regarding the oral contract, we do not here deal with arbitrability of tort claims arising out of a contract containing an arbitration clause such as was presented in Elizabeth Homes, L.L.C. v. Cato, 968 So.2d 1 (Ala.2007), and Koullas v. Ramsey, 683 So.2d 415 (Ala.1996).

2009In Kupfer, supra, the trial court denied SCI’s motion to compel arbitration after it had determined that the contract containing an arbitration clause did not implicate interstate commerce.

2009In Kupfer, supra , the trial court denied SCI's motion to compel arbitration after it had determined that the contract containing an arbitration clause did not implicate interstate commerce.

2007Grady Buick compares the Ritters' claims to those brought in Georgia Power Co. v. Partin , 727 So.2d 2 (Ala. 1998).

2002He argued that a party cannot be required to submit to arbitration any dispute he has not agreed to submit, citing Allstar Homes, Inc. v. Waters , 711 So.2d 924 (Ala. 1997), and American Bankers Life Assurance Co. v. Rice Acceptance Co ., 739 So.2d 1082 (Ala. 1999), and that a signatory to a contract containing an arbitration clause cannot compel a nonsignatory spouse to arbitrate, citing Ex parte Dickinson , 711 So.2d 984 (Ala. 1998) (four Justices concurring in the lead opinion, one Justice concurring in the result, and four Justices dissenting on this point) (rule stated by lead opinion lat

2002He argued that a party cannot be required to submit to arbitration any dispute he has not agreed to submit, citing Allstar Homes, Inc. v. Waters , 711 So.2d 924 (Ala. 1997), and American Bankers Life Assurance Co. v. Rice Acceptance Co ., 739 So.2d 1082 (Ala. 1999), and that a signatory to a contract containing an arbitration clause cannot compel a nonsignatory spouse to arbitrate, citing Ex parte Dickinson , 711 So.2d 984 (Ala. 1998) (four Justices concurring in the lead opinion, one Justice concurring in the result, and four Justices dissenting on this point) (rule stated by lead opinion lat

2002He argued that a party cannot be required to submit to arbitration any dispute he has not agreed to submit, citing Allstar Homes, Inc. v. Waters , 711 So.2d 924 (Ala. 1997), and American Bankers Life Assurance Co. v. Rice Acceptance Co ., 739 So.2d 1082 (Ala. 1999), and that a signatory to a contract containing an arbitration clause cannot compel a nonsignatory spouse to arbitrate, citing Ex parte Dickinson , 711 So.2d 984 (Ala. 1998) (four Justices concurring in the lead opinion, one Justice concurring in the result, and four Justices dissenting on this point) (rule stated by lead opinion lat

2001In 1998, in Ex parte Napier , 723 So.2d 49 (Ala. 1998), the trial court had allowed a nonsignatory agent, his nonsignatory employer, and signatories to a contract containing an arbitration clause to compel the plaintiffs to arbitrate their claims against them.

2001In 1998, in Ex parte Napier, 723 So.2d 49 (Ala.1998), the trial court had allowed a nonsignatory agent, his nonsignatory employer, and signatories to a contract containing an arbitration clause to compel the plaintiffs to arbitrate their claims against them.

2000In Waverlee, supra, Judge Thompson explains the two kinds of intertwining: (1) where the plaintiff's claim *1142 against a nonsignatory to a contract containing an arbitration clause asserts breach of duty imposed or entailed by that contract, and (2) where the plaintiff alleges conspiracy or agency between a nonsignatory and a signatory to a contract containing an arbitration clause.

2000Inc. v. Philipp & Lion, 613 F.2d 1222, 1226 (2d Cir.1980); pursuant to the doctrine of laches, see Trafalgar Shipping Co. v. International Milling Co., 401 F.2d 568, 571-72 (2d Cir.1968); or because the party seeking arbitration has engaged in activity constituting waiver (other than prior litigation), see Doctor's Associates[, Inc. v. Distajo, 66 F.3d 438 ,] at 454-56 [(2d Cir.1995)].

1999Id. at 940-41 , 115 S.Ct. 1920 .

1999Id. at 940-41 , 115 S.Ct. 1920 .