Eckert/Wordell Architects, Inc, et al. v. FJM Propertiesof Willmar, LLC, No. 13-2247 (8th Cir. 2014)
Annotate this CaseEckert Wordell appealed the district court's grant of summary judgment to FJM, which compelled the parties to submit to an arbitrator the threshold issue of whether FJM may use an arbitration provision in a contract it did not sign to compel Eckert Wordell to arbitrate. The court previously held that the incorporation of the American Arbitration Association (AAA) Rules into a contract requiring arbitration to be clear and unmistakable indicated that the parties intended for the arbitrator to decide the threshold questions of arbitrability. Eckert Wordell's drafting of the architectural services contract here to incorporate the AAA Rules requires the same result. Accordingly, the court affirmed the judgment of the district court.
Court Description: Labor - Arbitration. District court's grant of summary judgment compelling the parties to submit to an arbitrator the question whether a non-signatory party to a contract can compel arbitration is affirmed. The contract contained the incorporation of AAA Rules requiring arbitration, and provided clear and unmistakable indication the parties intended for the arbitrator to decide threshold question of arbitrability.
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