terms of the arbitration clause (Alabama) · Go Syfert
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terms of the arbitration clause in Alabama

6 Alabama opinions name it 1 courts 1999–2003 0 in the last five years

The cases below were cited by Alabama 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
Green Tree Financial Corporatoin v. Wamplergreen
ala · 1999 · cited in 3 Alabama opinions naming this issue, 2001–2003
2 sentences

2003Corp. v. Wampler, 749 So.2d 409, 413, 415 (Ala.1999), and citing Ex parte Napier, 723 So.2d 49 (Ala.1998)); Ex parte Dan Tucker Auto Sales, Inc., 718 So.2d at 41 (Lyons, J., concurring specially).

2001Corp. v. Wampler, 749 So.2d 409, 413 (Ala.1999).

33
Ex Parte Dan Tucker Auto Sales, Inc.green
ala · 1998 · cited in 1 Alabama opinions naming this issue, 2003–2003
1 sentence

2003Corp. v. Wampler, 749 So.2d 409, 413, 415 (Ala.1999), and citing Ex parte Napier, 723 So.2d 49 (Ala.1998)); Ex parte Dan Tucker Auto Sales, Inc., 718 So.2d at 41 (Lyons, J., concurring specially).

11

Distinguished, questioned or overruled (0)

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

Also cited on this issue (4)

CaseCitedYears
Ex Parte Palm Harbor Homes, Inc. green
ala · 2001
2 sentences

2003In determining which arbitration provision controlled, this Court held that the merger clause in the retail contract established that the retail contract represented the entire agreement between the parties and superseded the freestanding arbitration agreements. 798 So.2d at 660-62 .

2003This Court held that the merger clause in the security agreement made it the entire agreement between the parties and worked to extinguish the freestanding arbitration documents. 798 So.2d at 660-62 .

22003–2003
Ex Parte Napier green
ala · 1998
1 sentence

2003Corp. v. Wampler, 749 So.2d 409, 413, 415 (Ala.1999), and citing Ex parte Napier, 723 So.2d 49 (Ala.1998)); Ex parte Dan Tucker Auto Sales, Inc., 718 So.2d at 41 (Lyons, J., concurring specially).

12003–2003
American General Finance, Inc. v. Branch green
ala · 2001
2 sentences

2001However, as this Court explained in American General Finance, Inc. v. Branch, 793 So.2d 738 (Ala.2000), issues concerning the validity of arbitration clauses are to be decided by the court: "Nevertheless, `a determination that, by the terms of the arbitration clause, the arbitrator is to decide issues of arbitrability does not end the inquiry.' Green Tree Fin.

2001However, as this Court explained in American General Finance, Inc. v. Branch, 793 So.2d 738 (Ala.2000), issues concerning the validity of arbitration clauses are to be decided by the court: "Nevertheless, `a determination that, by the terms of the arbitration clause, the arbitrator is to decide issues of arbitrability does not end the inquiry.' Green Tree Fin.

12001–2001
Investment Management & Research, Inc. v. Hamilton green
· 1999
1 sentence

1999The terms of the arbitration clause in the Security Agreement entered into by the Wamplers call for arbitration of "all disputes, claims or controversies arising from or relating to this contract or the *Page 414 parties thereto." The arbitration clause further provides that "all disputes arising under case law, statutory law and all other laws including, but not limited to, all contract, tort and property disputes will be subject to binding arbitration in accord with this contract." Compare the phrase "any controversy . . . with respect to this agreement," from the arbitration agreement in In

11999–1999

Statutes the citing opinions construe

USC § 9u.s.c.1 (4)

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.

Where else courts name it

NY 11 (1947–2015) NJ 8 (1973–2024) CA 7 (1946–2021) AL 6 (1999–2003) OH 5 (1998–2026) MS 5 (2000–2026) TX 5 (2006–2015) MD 4 (1960–2026) NC 3 (2005–2026) SD 2 (1997–1997) CT 2 (1980–1998) WA 2 (2009–2013) MI 2 (1981–2023)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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