Fed. Sec. L. Rep. P 96,600 Brenda Susan Chastain v. The Robinson-Humphrey Co., Inc., 957 F.2d 851 (11th Cir. 1992). · Go Syfert
Fed. Sec. L. Rep. P 96,600 Brenda Susan Chastain v. The Robinson-Humphrey Co., Inc., 957 F.2d 851 (11th Cir. 1992). Cases Citing This Book View Copy Cite
“a party cannot place the making of the arbitration agreement in issue simply by opining that no agreement exists. rather, that party must substantiate the denial of the contract with enough evidence to make the denial colorable.”
322 citation events (270 in the last 25 years) across 52 distinct courts.
Strongest positive: CT Miami, LLC v. Samsung Electronics Latinoamerica Miami, Inc. (fladistctapp, 2015-09-09)
Treatment trajectory · 1992 → 2026 · click a year to view as-of
1992 2009 2026
Top citers, strongest first. 50 distinct citers.
discussed Cited as authority (verbatim quote) CT Miami, LLC v. Samsung Electronics Latinoamerica Miami, Inc. (2×) also: Cited "see, e.g."
Fla. Dist. Ct. App. · 2015 · signal: see · quote attribution · 1 verbatim quote · confidence high
if a party has not signed an agreement containing arbitration language, such a party may not have agreed to' submit grievances to arbitration at all.
examined Cited as authority (verbatim quote) Hornor, Townsend & Kent, Inc. v. Hamilton (4×) also: Cited as authority (rule)
N.D. Ga. · 2002 · signal: see · quote attribution · 1 verbatim quote · confidence high
a party cannot place the making of the arbitration agreement in issue simply by opining that no agreement exists. rather, that party must substantiate the denial of the contract with enough evidence to make the denial colorable.
discussed Cited as authority (rule) Randall v. T T of C. Louisville, Inc.
W.D. Ky. · 2022 · confidence medium
Additionally, the location where each signature appeared on the signature line was different; one signature began before the “x” where it provides “buyer signs” and the other signature began after the “x” where buyer signs. 8 See also Tinder v. Pinkerton Security, 305 F.3d 728, 735 (7th Cir. 2002) (“Just as in summary judgment proceedings, a party cannot avoid compelled arbitration by generally denying the facts upon which the right to arbitration rests; the party must identify specific evidence in the record demonstrating a material factual dispute for trial.” (citing Oppenhei…
discussed Cited as authority (rule) Barney v. Grand Caribbean Cruises, Inc.
S.D. Fla. · 2022 · confidence medium
Fla. Sept. 21, 2020) (quoting Chastain v. Robinson-Humphrey Co., 957 F.2d 851, 854 (11th Cir. 1992)). “[P]arties may agree to arbitrate gateway questions of arbitrability including the enforceability, scope, applicability, and interpretation of the arbitration agreement.” Jones v. Waffle House, Inc., 866 F.3d 1257, 1264 (11th Cir. 2017) (citing Rent-A-Ctr., W., Inc. v. Jackson, 561 U.S. 63 , 68–69 (2010)).
discussed Cited as authority (rule) Ramesh Cheruvoth v. Seadream Yacht Club Inc.
11th Cir. · 2021 · confidence medium
See also Buckeye Check Cashing, 546 U.S. at 448–49 (holding that validity challenges to an entire contract go to the ar- bitrator); Benoay v. Prudential–Bache Sec., Inc., 805 F.2d 1437 , 1441 (11th Cir. 1986) (reserving for arbitrator consideration of cer- tain claims regarding validity of underlying contract as opposed to validity of arbitration clause); Chastain v. Robinson–Humphrey Co., Inc., 957 F.2d 851, 854 (11th Cir. 1992) (“Under normal circum- stances, an arbitration provision within a contract admittedly signed by the contractual parties is sufficient to require the district …
discussed Cited as authority (rule) Brito v. Major Energy Electric Services, LLC
D. Maryland · 2021 · confidence medium
Co., 263 F.3d 26, 31-32 (2d Cir. 2001) (stating that the issue of arbitrability may be litigated if evidence is produced showing that the purported contract is void); Chastain v. Robinson-Humphrey Co., 957 F.2d 851, 854 (11th Cir. 1992) (stating that issues concerning “the making” of an arbitration agreement are for a district court to decide), abrogated on other grounds by Larsen v. Citibank FSB, 871 F.3d 1295, 1303 (11th Cir. 2017); Matter of Arbitration Between Nuclear Elec.
discussed Cited as authority (rule) Brito v. Major Energy Electric Services, LLC
D. Maryland · 2021 · confidence medium
Co., 263 F.3d 26, 31-32 (2d Cir. 2001) (stating that the issue of arbitrability may be litigated if evidence is produced showing that the purported contract is void); Chastain v. Robinson-Humphrey Co., 957 F.2d 851, 854 (11th Cir. 1992) (stating that issues concerning “the making” of an arbitration agreement are for a district court to decide), abrogated on other grounds by Larsen v. Citibank FSB, 871 F.3d 1295, 1303 (11th Cir. 2017); Matter of Arbitration Between Nuclear Elec.
discussed Cited as authority (rule) Steven Pinkerton v. Technical Education Services, Inc.
Mo. Ct. App. · 2020 · confidence medium
The Court framed the issue before it as one of first impression, and noted that "[u]nlike the standard scenario in which there is no dispute about whether a party signed an arbitration agreement, when a party disputes signing, the court must first decide the existence of an agreement to arbitrate." Id. (citing Chastain v. Robinson-Humphrey Co., 957 F.2d 851, 854 (11th Cir. 1992) (noting that the trial court must determine in first instance whether an agreement to arbitrate exists where signature is contested) (abrogated on other grounds by Larsen v. Citibank FSB, 871 F.3d 1295 , 1303 n.1 (11th…
cited Cited as authority (rule) Bell v. Macy's Corp Services/Macy's Westfield Mall Broward
S.D. Fla. · 2020 · confidence medium
Ga. Aug. 14, 2019) (quoting Chastain v. Robinson-Humphrey Co., 957 F.2d 851, 854 (11th Cir. 1992)).
cited Cited as authority (rule) Bell v. Royal Seas Cruises, Inc.
S.D. Fla. · 2020 · confidence medium
Ga. Aug. 14, 2019) (quoting Chastain v. Robinson-Humphrey Co., 957 F.2d 851, 854 (11th Cir. 1992)).
cited Cited as authority (rule) Dodson v. Barclays Bank Delaware
S.D. Ala. · 2020 · confidence medium
Chastain v. Robinson-Humphrey Co., 957 F.2d 851, 854 (11th Cir. 1992) (emphasis in original) (footnote omitted).
discussed Cited as authority (rule) dePombo v. Irinox North America, Inc.
S.D. Fla. · 2020 · confidence medium
Fla. Aug. 11, 2016) (quoting 9 U.S.C. § 2 ); see also Rent-A-Ctr., W., Inc., 561 U.S. at 70-71 (explaining that challenges to the validity of the arbitration agreement, as opposed to challenges to the validity of the “contract as a whole,” are generally for the court to decide); Chastain v. Robinson-Humphrey Co., 957 F.2d 851, 854-55 (11th Cir. 1992) (holding that court should decide threshold issue of whether an agreement exists), abrogated in part on other grounds, Bazemore v. Jefferson Capital Sys., LLC, 827 F.3d 1325, 1329-30 (11th Cir. 2016).
cited Cited as authority (rule) Baker Construction Services, LLC v. Rabren General Contractors, Inc.
M.D. Ala. · 2020 · confidence medium
Ala. 2014) (quoting Chastain v. Robinson-Humphrey Co., 957 F.2d 851, 854 (11th Cir. 1992)).
cited Cited as authority (rule) Neal v. Rowell
M.D. Ala. · 2020 · confidence medium
Ala. 2014) (Watkins, J.) (quoting Chastain v. Robinson-Humphrey Co., 957 F.2d 851, 854 (11th Cir. 1992)).
discussed Cited as authority (rule) Stover v. Valley Rubber LLC
N.D. Ala. · 2019 · confidence medium
Standard of Review When presented with a motion to compel arbitration, “a district court, rather than a panel of arbitrators, must decide whether a challenged agreement to arbitrate is enforceable against the parties in question.” Magnolia Capital Advisors, Inc. v. Bear Stearns & Co., 272 F. App’x 782, 785 (11th Cir. 2008) (citing Chastain v. Robinson-Humphrey Co., 957 F.2d 851, 854 (11th Cir. 1992)).
discussed Cited as authority (rule) Bentley v. EFN West Palm Motor Sales, LLC
S.D. Fla. · 2016 · confidence medium
Id. § 4; Chastain v. The Robinson-Humphrey Co., Inc., 957 F.2d 851, 854 (11th Cir. 1992) (citing Prima Paint Corp. v. Flood & Conklin Mfg., Co., 388 U.S. 395, 403-04 , 87 S.Ct. 1801 , 18 L.Ed.2d 1270 (1967)).
cited Cited as authority (rule) All-South Subcontractors, Inc. Inc. v. Amerigas Propane, Inc. and Amerigas Propane, L.P.
Fla. Dist. Ct. App. · 2016 · confidence medium
In such a case, that party is challenging the very existence of any agreement, including the existence of an agreement to arbitrate.” Id. at 854 (emphasis in original).
discussed Cited as authority (rule) Christina Bazemore v. Jefferson Capital Systems, LLC
11th Cir. · 2016 · confidence medium
Prior to First Options of Chicago, Chastain v. Robinson-Humphrey Co., 957 F.2d 851 (11th Cir. 1992), and other cases in this Circuit and its predecessor, the Fifth Circuit, had held that a party resisting a motion to compel arbitration on the ground that no arbitration agreement existed could not succeed absent “ ‘an unequivocal denial that the agreement had been made ... and some evidence ... to substantiate the denial.’ ” Id. at 854 (alterations omitted) (quoting T & R Enters., Inc. v. Cont’l Grain Co., 613 F.2d 1272, 1278 (5th Cir. 1980)).
discussed Cited as authority (rule) Dannelly Enterprises, LLC v. Palm Beach Grading, Inc.
Ala. · 2016 · confidence medium
In SSC Selma Operating Co. v. Gordon, 56 So.3d 598, 603 (Ala.2010), this Court summarized and applied the relevant portion of Ex parte Meadows, as follows: “This Court stated in Ex parte Meadows, 782 So.2d 277, 280 (Ala.2000): “ ‘ “ ‘To make a genuine issue entitling the [party seeking to avoid arbitration] to a trial by jury [on the arbitrability question], an unequivocal denial that the agreement had been made [is] needed, and some evidence should [be] produced to substantiate the denial.’ ” “‘[Chastain v. Robinson-Humphrey Co., 957 F.2d 851, 854 (11th Cir.1992) ] (quoting …
cited Cited as authority (rule) Herrera Cedeno v. Morgan Stanley Smith Barney, LLC
S.D. Fla. · 2016 · confidence medium
Under the FAA, “parties cannot be forced to submit to arbitration if they have not agreed to do so.” Chastain v. Robinson-Humphrey Co., 957 F.2d 851, 854 (11th Cir.1992).
discussed Cited as authority (rule) Roach v. Navient Solutions, Inc.
D. Maryland · 2015 · confidence medium
Rather, that party must substantiate the denial of the contract with enough evidence .to make the denial colorable.’” (quoting Chastain v. Robinson-Humphrey Co., 957 F.2d 851, 855 (11th Cir. 1992))). .
discussed Cited as authority (rule) Payne v. WBY, Inc.
N.D. Ga. · 2015 · confidence medium
A party seeking to avoid arbitration must “unequivocally deny” she agreed to arbitrate and must “offer some evidence to substantiate the denial.” Magnolia Capital Advisors, Inc. v. Bear Stearns & Co., 272 Fed.Appx. 782, 785 (11th Cir.2008) (citing Chastain v. Robinson-Humphrey Co., 957 F.2d 851, 855 (11th Cir.1992)).
discussed Cited as authority (rule) Courville v. Allied Professionals Insurance Co. (2×)
La. Ct. App. · 2015 · confidence medium
Chastain v. Robinson-Humphrey Company, 957 F.2d 851, 855 (11th Cir.1992).
discussed Cited as authority (rule) Bradshaw Construction Corp. v. Underwriters at Lloyd's, London (2×) also: Cited "see, e.g."
S.D. Fla. · 2015 · confidence medium
Rather, that party must substantiate the denial of the contract with enough evidence to make the denial colorable.” Chastain v. Robinson-Humphrey Co., 957 F.2d 851, 855 (11th Cir.1992) (citations omitted).
discussed Cited as authority (rule) Beverly Enterprises, Inc. v. Cyr
S.D. Ga. · 2015 · confidence medium
Chastain v. Robinson-Humphrey Co., 957 F.2d 851, 854 (11th Cir.1992) (citing 9 U.S.C. §§ 2 & 3.) In the face of an agreement to arbitrate, the party resisting arbitration must identify enough evidence in the record to make its denial of a valid agreement colorable.
discussed Cited as authority (rule) Chambers v. Groome Transportation (2×) also: Cited "see"
M.D. Ala. · 2014 · confidence medium
Written Agreement Under the FAA, “parties cannot be forced to submit to arbitration if they have not agreed to do so.” Chastain v. Robinson-Humphrey Co., 957 F.2d 851, 854 (11th Cir.1992).
cited Cited as authority (rule) Owings v. T-Mobile USA, Inc.
M.D. Fla. · 2013 · confidence medium
It is well established that “parties cannot be forced to submit to arbitration if they have not agreed to do so.” Chastain v. Robinson-Humphrey Co., 957 F.2d 851, 854 (11th Cir.1992).
discussed Cited as authority (rule) SSC Selma Operating Co. v. Gordon
Ala. · 2012 · confidence medium
This Court stated in Ex parte Meadows, 782 So.2d 277, 280 (Ala.2000): “ ‘ “ ‘To make a genuine issue entitling the [party seeking to avoid arbitration] to a trial by jury [on the arbitrability question], an unequivocal denial that the agreement had been made [is] needed, and some evidence should [be] produced to substantiate the denial.’ ” “ ‘[Chastain v. Robinson-Humphrey Co., 957 F.2d 851, 854 (11th Cir.1992) ] (quoting T & R Enters., v. Continental Grain Co., 613 F.2d 1272, 1278 (5th Cir.1980)).’ “In the present case, Mrs. Gordon filed a response to the [Warren Manor] de…
examined Cited as authority (rule) Jasper Contractors, Inc. v. E-Claim.com, LLC (3×) also: Cited "see"
La. Ct. App. · 2012 · confidence medium
Chastain v. Robinson-Humphrey Company, 957 F.2d 851, 855 (11th Cir.1992).
discussed Cited as authority (rule) Solymar Investments, Ltd. v. Banco Santander S.A.
11th Cir. · 2012 · signal: cf. · confidence medium
Cf. Chastain v. Robinson-Humphrey Co., Inc., 957 F.2d 851, 854 (11th Cir.1992) (“Under normal circumstances, an arbitration provision within a contract admittedly signed by the contractual parties is sufficient to require the district court to send any controversies to arbitration.
discussed Cited as authority (rule) Awuah v. Coverall North America, Inc.
D. Mass. · 2012 · confidence medium
To that end, mutual assent as objectively manifested by the contract itself is a necessary condition for the creation of a binding arbitration agreement.” Fluehmann, 2002 WL 500564 , at *5 (citing Chastain v. Robinson-Humphrey Co., 957 F.2d 851, 854 (11th Cir.1992)).
cited Cited as authority (rule) Morgan Keegan & Co. v. Shadburn
M.D. Ala. · 2011 · confidence medium
"Simply put, parties cannot be forced to submit to arbitration if they have not agreed to do so.” Chastain v. Robinson-Humphrey Co., 957 F.2d 851, 854 (11th Cir.1992). .
cited Cited as authority (rule) Miller & Long, Inc. v. Intracoastal Living, LLC
N.C. Bus. Ct. · 2011 · confidence medium
Ala. 2004) (quoting Chastain v. The Robinson-Humphrey Co., 957 F.2d 851, 854 (11th Cir. 1992)); See also Battels v. Sears Nat'l Bank, 365 F. Supp. 2d. 1205, 1215-16 (M.D.
discussed Cited as authority (rule) Kopp v. Kopp
Kan. Ct. App. · 2010 · confidence medium
In Chastain v. Robinson-Humphrey Co., Inc., 957 F.2d 851, 854 (11th Cir. 1992), which was specifically cited with approval in Buckeye, the court determined that it was for the district court to determine whether there existed a contract in which the contracting parties agreed to submit disputes to arbitration.
discussed Cited as authority (rule) Ssc Selma Operating Company v. Gordon
Ala. · 2010 · confidence medium
This Court stated in Ex parte Meadows, 782 So.2d 277, 280 (Ala.2000): “ ‘ “To make a genuine issue entitling the [party seeking to avoid arbitration] to a trial by jury [on the arbitra-bility question], an unequivocal denial that the agreement had been made [is] needed, and some evidence should [be] produced to substantiate the denial.” ’ “[Chastain v. Robinson-Humsphrey Co., 957 F.2d 851, 854 (11th Cir.1992) ] (quoting T & R Enters., v. Continental Grain Co., 613 F.2d 1272, 1278 (5th Cir.1980)).” In the present case, Mrs. Gordon filed a response to the defendants’ motions to c…
cited Cited as authority (rule) M.D. Seema L. Mishra v. Doctors Hosp. of Augusta
11th Cir. · 2009 · confidence medium
Chastain v. Robinson-Humphrey Co., 957 F.2d 851, 855 (11th Cir.1992).
discussed Cited as authority (rule) Andrzej Madura v. Countrywide Home Loans, Inc. (2×) also: Cited "see"
11th Cir. · 2009 · signal: cf. · confidence medium
Cf. Chastain v. Robinson-Humphrey Co., Inc., 957 F.2d 851, 854 (11th Cir. 1992) (explaining that, when a party contends he did not sign or assent to an arbitration agreement, and thus challenges the very existence of such an agreement, the district court, before sending the claims to arbitration, “must first decide whether or not the non- signing party can nonetheless be bound by the contractual language”).7 Instead, Mr. Madura raises a defense of fraudulent inducement.
discussed Cited as authority (rule) Andrzej Madura v. Countrywide Home Loans, Inc. (2×) also: Cited "see"
11th Cir. · 2009 · signal: cf. · confidence medium
Cf. Chastain v. Robinson-Humphrey Co., Inc., 957 F.2d 851, 854 (11th Cir.1992) (explaining that, when a party contends he did not sign or assent to an arbitration agreement, and thus challenges the very existence of such an agreement, the district court, before sending the claims to arbitration, “must first decide whether or not the nonsigning party can nonetheless be bound by the contractual language”). 7 Instead, Mr. Madura raises a defense of fraudulent inducement.
examined Cited as authority (rule) In Re Morgan Stanley & Co., Inc. (4×)
Tex. · 2009 · confidence medium
Co., 256 F.3d 587, 591 (7th Cir. 2001) ("[A]s arbitration depends on a valid contracl[,] an argument that the contract does not exist can’t logically be resolved by the arbitrator....”); Sandvik AB v. Advent Int'l Corp., 220 F.3d 99, 100-01 (3d Cir.2000) (refusing to compel arbitration where the party seeking arbitration asserted that "the agent who signed the agreement on its behalf lacked authority to do so” because Prima Paint presumes an underlying existent agreement); Chastain v. Robinson-Humphrey Co., 957 F.2d 851, 855 (11th Cir.1992) (stating that "Prima Paint has never been exten…
discussed Cited as authority (rule) National City Golf Finance v. Higher Ground Country Club Management Co.
S.D.N.Y. · 2009 · confidence medium
Therefore, before sending any such grievances to arbitration, the district court itself must first decide whether or not the non-signing party can nonetheless be bound by the contractual language. 957 F.2d at 854 (internal citations omitted; emphasis in original).
cited Cited as authority (rule) International Underwriters AG v. Triple I: International Investments, Inc.
11th Cir. · 2008 · confidence medium
Chastain v. Robinson-Humphrey Co., 957 F.2d 851, 854 (11th Cir.1992).
cited Cited as authority (rule) Triple I: International Investments, Inc. v. K2 Unlimited, Inc.
11th Cir. · 2008 · confidence medium
Chastain v. Robinson-Humphrey Co., 957 F.2d 851, 854 (11th Cir.1992).
cited Cited as authority (rule) Triple I: International Investments, Inc. v. Fielding
11th Cir. · 2008 · confidence medium
Chastain v. Robinson-Humphrey Co., 957 F.2d 851, 854 (11th Cir.1992).
cited Cited as authority (rule) Magnolia Capital Advisors Inc. v. Bear Stearns & Co.
11th Cir. · 2008 · confidence medium
Chastain v. Robinson-Humphrey Co., 957 F.2d 851, 854 (11th Cir.1992).
cited Cited as authority (rule) Honig v. COMCAST OF GEORGIA I, LLC
N.D. Ga. · 2008 · confidence medium
Rather, that party must substantiate the denial of the contract with enough evidence to make the denial colorable.” Chastain v. Robinson-Humphrey Co., 957 F.2d 851, 855 (9th Cir.1992).
discussed Cited as authority (rule) Krutchik v. Chase Bank USA, N.A.
S.D. Fla. · 2008 · confidence medium
Therefore, before sending any such grievances to arbitration, the district court itself must first decide whether or not the non-signing party can nonetheless be bound by the contractual language. 957 F.2d 851, 854 (11th Cir.1992).
discussed Cited as authority (rule) Cohen Ex Rel. Friedman's Creditor Trust v. Ernst & Young, LLP (In Re Friedman's, Inc.)
Bankr. S.D. Ga. · 2007 · signal: cf. · confidence medium
Cf. Chastain v. Robinson-Humphrey Co., Inc., 957 F.2d 851, 854 (11th Cir.1992) (“The calculus changes when it is undisputed that the party seeking to avoid arbitration has not signed any contract requiring arbitration.
cited Cited as authority (rule) tennctapp 2006
Tenn. Ct. App. · 2006 · confidence medium
Hutton, 925 F.2d 1136 (9th Cir. 1991); Chastain v. Robinson-Humphrey Co., Inc., 957 F.2d 851, 855 (11th Cir. 1992); I.S.
discussed Cited as authority (rule) Dale v. Comcast Corp.
N.D. Ga. · 2006 · confidence medium
To warrant a jury trial, the party seeking to avoid arbitration must “unequivocally deny that an agreement to arbitrate was reached and must offer ‘some evidence’ to substantiate the denial.” Wheat, First Sec., Inc. v. Green, 993 F.2d 814 , 818 (11th Cir.1993) (quoting Chastain v. Robinson-Humphrey Co., 957 F.2d 851, 854 (11th Cir.1992)).
cited Cited as authority (rule) Rowe Enterprises v. International Systems
Fla. Dist. Ct. App. · 2006 · confidence medium
Id. at 854 (citations and footnote omitted; emphasis in original).
Brenda Susan CHASTAIN, Plaintiff-Appellee,
v.
the ROBINSON-HUMPHREY COMPANY, INC., Defendants Appellant
90-8885.
Court of Appeals for the Eleventh Circuit.
Apr 9, 1992.
957 F.2d 851
Kirk M. McAlpin, Jr., J. Stuart Teague, Jr., Atlanta, Ga., Robert S. Martin, Jr., Columbus, Ga., Louise B. Matte, Peterson, Dillard, Young, Self & Asselin, Atlanta, Ga., for defendant-appellant., James D. Patrick, Columbus, Ga., for plaintiff-appellee.
Birch, Fay, Hoffman.
Cited by 163 opinions  |  Published
BIRCH, Circuit Judge:

This case construes the Federal Arbitration Act, 9 U.S.C. §§ 1-15 (1988) (“Act”). Relying upon the Act, Appellant Robinson-Humphrey Company, Inc. (“Robinson-Humphrey” or “company”), moved to compel the arbitration of Brenda Susan Chas-tain’s securities claims against the company. The United States District Court for the Middle District of Georgia denied Robinson-Humphrey’s motion for immediate arbitration, implicitly ruling that the Act proscribed compelling arbitration unless the district court first determined that Chastain was contractually obligated to submit to arbitration. Because on the unusual facts of this case we believe that “the making of the arbitration agreement ... [is] in issue,” id. § 4, we AFFIRM the[*853] district court’s order. Chastain is entitled to have the district court, rather than a panel of arbitrators, determine whether or not she agreed to arbitrate her claims against Robinson-Humphrey.

I. BACKGROUND

This case begins with Brenda Chastain’s father, Dr. J.B. Chastain. In June 1979, Dr. Chastain opened a securities trading account with Robinson-Humphrey, allegedly on behalf of his daughter. In connection with this account, two customer agreements were executed. The first agreement was signed in 1979, bearing the name Brenda Susan Chastain. However, it is undisputed that Brenda Chastain did not personally sign this customer agreement. Although there is some speculation that an employee of Dr. Chastain signed Brenda Chastain’s name on the agreement, the parties cannot ascertain the actual author of the signature. In addition, Brenda Chas-tain never signed a power of attorney in connection with this securities account at Robinson-Humphrey. The second customer agreement, signed in 1982, bears Dr. Chastain’s name only. Both agreements contain arbitration clauses, broadly binding the contractual parties to arbitrate any disputes arising in connection with the account.

A dispute relating to the securities account did arise. In September 1985, Brenda Chastain filed a variety of securities fraud claims against Robinson-Humphrey in Georgia state court. Chastain’s complaint alleged that the company illegally opened and maintained a securities trading account in her name, engaged in illegal churning on the account, and fraudulently induced her to pay her father’s indebtedness under the account. After Chastain’s case was removed to federal court, Robinson-Humphrey asked the district court to compel arbitration of Chastain’s allegations. The company cited the broad arbitration clauses contained in the 1979 and 1982 customer agreements.

Chastain’s response to the motion to compel arbitration included a detailed affidavit. In her affidavit, Chastain claimed that she never agreed to either the customer agreements or the arbitration clauses, that her signature on the 1979 agreement was a forgery, that she never signed the 1982 agreement, and that she never gave her father the authority to bind her in connection with the securities account at Robinson-Humphrey. The company now admits that Brenda Chastain did not sign either customer agreement containing the arbitration language.

The district court denied Robinson-Humphrey’s motion to compel arbitration. In doing so, the court expressed doubt about the existence of a valid and enforceable contract mandating arbitration:

The Defendant [Robinson-Humphrey] has filed a motion ... for an order compelling arbitration of the [securities] issue[s] pursuant to language contained in a customer agreement which contained an arbitration clause. The Plaintiff [Brenda Chastain] by affidavit states that she did not sign the agreement and did not authorize anyone to affix her signature. Indeed, the Defendant now admits that the signature on the [1979] agreement is not the signature of the Plaintiff. In this situation it would not be proper [1] for the Court to mandate arbitration. [1]

R2-42-1. It is important to emphasize that the district court did not express a view on the merits of the arbitrability question. Rather, it only ruled upon who should decide the merits of the arbitrability question. In other words, the district court did not decide that Chastain could not in fact be bound by the arbitration clauses of the customer agreements. The district court only determined that Chastain’s duty to arbitrate would be decided by the district court, rather than being decided by an arbitration panel. It is this determination that we now review on appeal.

II. DISCUSSION

The Federal Arbitration Act governs the question of who must decide issues of arbitrability. Under the Act, a district court, must compel arbitration if the parties have agreed to arbitrate their dis[*854] pute. 9 U.S.C. §§ 2, 3 (1988). However, if the validity of the agreement to arbitrate is in issue, a district court, not a panel of arbitrators, must decide if the arbitration clause is enforceable against the parties. Id. § 4; see also Prima Paint Corp. v. Flood & Conklin Mfg. Co., 388 U.S. 395, 403-04, 87 S.Ct. 1801, 1806, 18 L.Ed.2d 1270 (1967) (holding that if the making of the arbitration agreement is an issue “the federal court may proceed to adjudicate it”). Simply put, parties cannot be forced to submit to arbitration if they have not agreed to do so. Volt Info. Sciences, Inc. v. Board of Trustees, 489 U.S. 468, 478, 109 S.Ct. 1248, 1255, 103 L.Ed.2d 488 (1989); Goldberg v. Bear, Stearns & Co., 912 F.2d 1418, 1419 (11th Cir.1990) (per curiam). Thus, “the first task of a court asked to compel arbitration of a dispute is to determine whether the parties agreed to arbitrate that dispute.” Mitsubishi Motors Corp. v. Soler Chrysler-Plymouth, Inc., 473 U.S. 614, 626, 105 S.Ct. 3346, 3353, 87 L.Ed.2d 444 (1985).

Under normal circumstances, an arbitration provision within a contract admittedly signed by the contractual parties is sufficient to require the district court to send any controversies to arbitration. See T & R Enters. v. Continental Grain Co., 613 F.2d 1272, 1278 (5th Cir.1980). [1] Under such circumstances, the parties have at least presumptively agreed to arbitrate any disputes, including those disputes about the validity of the contract in general. See Prima Paint, 388 U.S. at 403-04, 87 S.Ct. at 1806. Because the making of the arbitration agreement itself is rarely in issue when the parties have signed a contract containing an arbitration provision, the district court usually must compel arbitration immediately after one of the contractual parties so requests. Id.

The calculus changes when it is undisputed that the party seeking to avoid arbitration has not signed any contract requiring arbitration. In such a case, that party is challenging the very existence of any agreement, including the existence of an agreement to arbitrate. Under these circumstances, there is no presumptively valid general contract which would trigger the district court’s duty to compel arbitration pursuant to the Act. If a party has not signed an agreement containing arbitration language, such a party may not have agreed to submit grievances to arbitration at all. Therefore, before sending any such grievances to arbitration, the district court itself must first decide whether or not the non-signing party can nonetheless be bound by the contractual language. See Cancanon v. Smith Barney, Harris, Upham & Co., 805 F.2d 998, 1000 (11th Cir.1986) (per curiam) (“[Wjhere the allegation is one of ... ineffective assent to the contract, the issue [of arbitrability] is not subject to resolution pursuant to an arbitration clause contained in the contract documents.”).

In cases of this type, the proper rule has been stated by our predecessor court:

“To make a genuine issue entitling the [party seeking to avoid arbitration] to a trial by jury [on the arbitrability question], an unequivocal denial that the agreement had been made [is] needed, and some evidence should [be] produced to substantiate the denial.”

T & R, 613 F.2d at 1278 (quoting Almacenes Fernandez, S.A. v. Golodetz, 148 F.2d 625, 628 (2d Cir.1945)); see also Cancanon, 805 F.2d at 1000-01 (finding that the party desiring a trial on the enforceability of an arbitration agreement met the burdens under the T & R test). Given this test, it is clear that Chastain is entitled to a trial on the issue of whether or not she is bound by the customer agreements. Her affidavit unequivocally denies the existence of any agreement with Robinson-Humphrey. In addition, Chastain has much more than “some evidence” to substantiate her denial. Chastain has Robinson-Humphrey’s concession that Chastain never personally signed the customer agreements.

[*855] We hold that these facts are sufficient to put “the making of the arbitration agreement ... in issue,” 9 U.S.C. § 4 (1988), thereby requiring the district court to determine the validity of the customer agreements before compelling Chastain to submit her securities claims to arbitration. See Cancanon, 805 F.2d at 1000 (relying upon T & R in stating parenthetically that “where signatures were lacking, issue of existence of agreement could not be resolved pursuant to arbitration clause”). Therefore, the district court’s denial of Robinson-Humphrey’s motion to compel arbitration was proper. The court correctly rejected Robinson-Humphrey’s argument that a panel of arbitrators — rather than the district court itself — should decide whether or not Chastain can be bound by the customer agreements.

Robinson-Humphrey’s reliance upon the Supreme Court’s decision in Prima Paint is misplaced. Granted, that decision does hold that an arbitration panel (not a district court) must resolve the allegation that a party cannot be compelled to arbitrate because that party was fraudulently induced into signing the contract containing the arbitration clause. 388 U.S. at 403-04, 87 S.Ct. at 1806. This court also recognizes that the Prima Paint doctrine has been extended to require arbitration panels to decide many issues regarding the validity of a contract containing arbitration language — including allegations that such contracts are voidable because they involved duress, undue coercion, confusion, mutual mistake, or unconscionability. See, e.g., Coleman v. Prudential Bache Sec., Inc., 802 F.2d 1350, 1352 (11th Cir.1986) (per curiam); Merrill Lynch, Pierce, Fenner & Smith, Inc. v. Haydu, 637 F.2d 391, 398 (5th Cir. Unit B Feb. 1981).

However, Prima Paint has never been extended to require arbitrators to adjudicate a party’s contention, supported by substantial evidence, that a contract never existed at all. See Three Valleys Mun. Water Dist. v. E.F. Hutton & Co., 925 F.2d 1136, 1140 (9th Cir.1991). Here, Robinson-Humphrey is arguing that Chastain must arbitrate because of a purported contract which indisputably lacks the formalities necessary to signal Chastain’s ex ante assent to the agreement as a whole. Clearly, the trigger of the court’s power to compel arbitration in cases like Prima Paint, Coleman, and Haydu — the existence of a presumptively valid arbitration agreement contained within a contract signed by the parties — is entirely absent in this case. See Cancanon, 805 F.2d at 1000; Three Valleys, 925 F.2d at 1140-41. Therefore, Prima Paint does not govern our decision.

Nor is Robinson-Humphrey’s specter of contractual parties lying to avoid arbitration sufficient to influence our construction of the Federal Arbitration Act. A party cannot place the making of the arbitration agreement in issue simply by opining that no agreement exists. Rather, that party must substantiate the denial of the contract with enough evidence to make the denial colorable. See Cancanon, 805 F.2d at 1000-01; T & R, 613 F.2d at 1278. Here, Robinson-Humphrey’s concession that it did not obtain Chastain’s signature or a power of attorney adequately substantiates Chastain’s denial of entering into a contract. If such admissions were insufficient to entitle Chastain to a trial on the issue of her duty to arbitrate, we would invite a far more realistic fear:

Party A could forge party B’s name to a contract and compel party B to arbitrate the question of the genuineness of its signature. Similarly, any citizen of Los Angeles could sign a contract on behalf of the city and Los Angeles would be required to submit to an arbitrator the question whether it was bound to the contract, even if its charter prevented it from engaging in any arbitration.

Three Valleys, 925 F.2d at 1140. Therefore, at least on the question of whether an arbitrator should determine if Chastain is bound by the customer agreements, we agree with Chastain: “No power of attorney plus a forged signature of Ms. Chas-tain equals no arbitration.” Appellee Br. at 7.

Finally, Robinson-Humphrey also argues before this court that Chastain is indeed bound by the customer agreements. The company has two theories. First, Robin[*856] son-Humphrey argues that Chastain’s father had the authority to bind his daughter when the 1979 agreement was executed. Second, the company contends that Brenda Chastain ratified the customer agreements by her conduct after she learned of the existence of the securities trading account. We express no view on the merits of these arguments. We note only that these arguments are not pertinent to the issue before this court; namely, who must decide the merits. of these arguments — arbitrator or district court.

Of course, Robinson-Humphrey remains free to address these arguments to the district court. Indeed, the two issues pressed by the company — whether a party has authority to bind another to an arbitration agreement and whether a party can ratify an arbitration agreement by her conduct — should ordinarily be decided in the trial court before final resolution of a motion to compel arbitration. See, e.g., Cancanon, 805 F.2d at 1000 & n. 4; Par-Knit Mills, Inc. v. Stockbridge Fabrics Co., 636 F.2d 51, 54-55 (3d Cir.1980); Interocean Shipping Co. v. National Shipping and Trading Corp., 462 F.2d 673, 677 (2d Cir.1972); Dougherty v. Mieczkowski, 661 F.Supp. 267, 274-75 (D.Del.1987). The district court may find merit in Robinson-Humphrey’s arguments and subsequently order Chastain to submit her securities allegations to arbitration. Until that time, however, the district court has no authority to compel the arbitration of Chastain’s complaints.

AFFIRMED. Pursuant to 9 U.S.C. § 4 (1988), the district court should proceed immediately to a trial on the issue of whether or not Brenda Chastain is bound by the arbitration language in the customer agreements. [2]

1

. This court follows pre-1981 decisions of the former Fifth Circuit. Bonner v. City of Prichard, 661 F.2d 1206, 1209 (11th Cir.1981).

2

. Chastain’s alternative argument — that the arbitration clauses in the securities contracts are unenforceable because of Securities Exchange Commission Rule 15c2-2, 17 C.F.R. § 240.15c2-2 (rescinded Oct. 1987) — is foreclosed by our decision in Adrian v. Smith Barney, Harris, Upham & Co., 841 F.2d 1059, 1061-62 (11th Cir.1988). Because the agreements at issue in this case do not expressly exempt federal securities disputes from arbitration, we believe that Blue Gray Corps. I & II v. Merrill Lynch, Pierce, Fenner & Smith, Inc., 921 F.2d 267, 269-71 (11th Cir.1991), is inapposite.