435.350. Validity of arbitration agreement, exceptions. — A written agreement to submit any existing controversy to arbitration or a provision in a written contract, except contracts of insurance and contracts of adhesion, to submit to arbitration any controversy thereafter arising between the parties is valid, enforceable and irrevocable, save upon such grounds as exist at law or in equity for the revocation of any contract. Contracts which warrant new homes against defects in construction and reinsurance contracts are not "contracts of insurance or contracts of adhesion" for purposes of the arbitration provisions of this section.
Notes of Decisions
Sturgeon v. Allied Professionals Ins. Co., 344 S.W.3d 205 (Mo. Ct. App. 2011).
· cites it 28× “350, entitled “Validity of arbitration agreement,” provides that such provisions are invalid, unenforceable and revocable: A written agreement to submit any existing controversy to arbitration or a provision in a written contract, except contracts of insurance and contracts of…”
State Ex Rel. Vincent v. Schneider, 194 S.W.3d 853 (Mo. 2006).
· cites it 12× “[1] An arbitration clause in a contract of adhesion is not enforceable, pursuant to section 435.350. [2] Section 435.350 provides: A written agreement to submit any existing controversy to arbitration or a provision in a written contract, except contracts of insurance and…”
Manfredi v. Blue Cross & Blue Shield of Kansas City, 340 S.W.3d 126 (Mo. Ct. App. 2011).
· cites it 10× “Where, as here, the contract relates to interstate commerce, [3] the Federal Arbitration Act (FAA) preempts the Missouri Uniform Arbitration Act (MUAA), § 435.350, RSMo 2000, on matters of substantive law.”
Swain v. Auto Servs., Inc., 128 S.W.3d 103 (Mo. Ct. App. 2003).
· cites it 5× “section 2 (1999), the Missouri Arbitration Act, section 435.350 RSMo 2000, 1 and public policy.”
Vill. of Cairo v. Bodine Contracting Co., 685 S.W.2d 253 (Mo. Ct. App. 1985).
· cites it 6× “§ 2 and § 435.350, RSMo 1980]. The respective acts also empower a court to stay a judicial proceeding and to enforce an agreement to arbitrate, or to stay an arbitration where no agreement exists [ 9 U.”
Bertocci v. Thoroughbred Ford, Inc., 530 S.W.3d 543 (Mo. Ct. App. 2017).
· cites it 4× “- For all of the reasons stated, the trial court erred in denying Defendants’ motion to stay and compel arbitration. The order of the trial 'Court is reversed, and the case is remanded for further proceedings consistent with this opinion.”
Murray v. Missouri High. & Transp. Comm'n, 37 S.W.3d 228 (Mo. 2001).
· cites it 4× “355, which provides that a court may order parties to proceed to arbitration on the application of a party showing an agreement to arbitrate as provided in section 435.350. The language of section 226.”
Thrivent Fin. for Lutherans v. Lakin, 322 F. Supp. 2d 1017 (W.D. Mo. 2004).
· cites it 18× “Defendant states that “[e]ven though chapter 376, RSMo, § 435.350, RSMo, and title 20 of the Missouri CSR are not specifically enumerated in the list of applicable laws governing fraternal benefit societies, those statutes and regulations must, nonetheless, be referred to as…”
Nitro Distrib., Inc. v. Dunn, 194 S.W.3d 339 (Mo. 2006).
· cites it 2× “355(1), which states: On application of a party showing an agreement described in section 435.350, and the opposing party’s refusal to arbitrate, the court shall order the parties to proceed with arbitration, but if the opposing party denies the existence of the agreement to…”
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