parties renders an arbitration clause (New Mexico) · Go Syfert
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parties renders an arbitration clause in New Mexico

7 New Mexico opinions name it 1 courts 2011–2023 5 in the last five years

The cases below were cited by New Mexico courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (2)

CaseFollowedCited
Dairyland Insurance v. Rosegreen
nm · 1979 · cited in 1 New Mexico opinions naming this issue, 2011–2011
2 sentences

2011Co. v. Rose, 92 N.M. 527, 531 , 591 P.2d 281, 285 (1979); see NMSA 1978, §§ 44-7A-1 to -32 (2001). {15} Inasmuch as arbitration provisions are favored where they have been agreed upon by both parties, New Mexico courts have clearly distinguished those situations where lack of agreement by the parties renders an arbitration clause unenforceable.

2011Co. v. Rose, 92 N.M. 527, 531 , 591 P.2d 281, 285 (1979); see NMSA 1978, §§ 44-7A-1 to -32 (2001). {15} Inasmuch as arbitration provisions are favored where they have been agreed upon by both parties, New Mexico courts have clearly distinguished those situations where lack of agreement by the parties renders an arbitration clause unenforceable.

11
Lisanti v. Alamo Title Ins. of Texasgreen
nm · 2002 · cited in 1 New Mexico opinions naming this issue, 2011–2011
2 sentences

2011See Lisanti, 2002-NMSC-032, ¶¶4-8 , 132 N.M. 750 , 55 P.3d 962 (holding an insured’s right to a jury trial was violated by a state regulation that mandated arbitration of eertain title insurance disputes at the option of one party); see also McMillan v. Allstate Indem.

2011See Lisanti, 2002-NMSC-032, ¶¶4-8 , 132 N.M. 750 , 55 P.3d 962 (holding an insured’s right to a jury trial was violated by a state regulation that mandated arbitration of eertain title insurance disputes at the option of one party); see also McMillan v. Allstate Indem.

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in New Mexico. Read the followed side critically anyway.

Also cited on this issue (2)

CaseCitedYears
Heye v. American Golf Corp., Inc. green
nmctapp · 2003
2 sentences

2023Golf Corp., 2003-NMCA-138, ¶ 8 , 134 N.M. 558 , 80 P.3d 495 (stating that a 14 legally enforceable agreement to arbitrate is a prerequisite to arbitration and without 15 such agreement, parties will not be forced to arbitrate).

2023Golf Corp., 2003-NMCA-138, ¶ 8 , 134 N.M. 558 , 80 P.3d 495 (stating that a 14 legally enforceable agreement to arbitrate is a prerequisite to arbitration and without 15 such agreement, parties will not be forced to arbitrate).

52022–2023
Corum v. Roswell Senior Living, LLC green
nmctapp · 2010
2 sentences

2020For this reason, “[t]he party attempting to compel arbitration carries the burden of demonstrating a valid arbitration agreement.” Corum v. Roswell Senior Living, LLC, 2010-NMCA-105, ¶ 3 , 149 N.M. 287 , 248 P.3d 329 .

2020For this reason, “[t]he party attempting to compel arbitration carries the burden of demonstrating a valid arbitration agreement.” Corum v. Roswell Senior Living, LLC, 2010-NMCA-105, ¶ 3 , 149 N.M. 287 , 248 P.3d 329 .

12020–2020

Statutes the citing opinions construe

NM § N.M. Stat. § 24-7A-1 (4) NM § N.M. Stat. § 24-7A-11 (3) NM § N.M. Stat. § 24-7A-5 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

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