Nebraska Machinery Co. v. Cargotec Solutions, LLC, No. 13-2753 (8th Cir. 2014)
Annotate this CaseCargotec appealed the district court's conclusion that Cargotec's contract with NMC did not contain arbitration and indemnification provisions. As a preliminary matter, the court concluded that whether the arbitration clause became part of the parties' agreement remains a question "presumptively committed to judicial determination." On the merits, the court concluded that the district court erred in failing to order a trial to resolve material factual disputes concerning whether the parties agreed to arbitration and indemnification. Accordingly, the court vacated and remanded for the district court to hold a non-jury trial, making findings of fact, and apply the appropriate U.C.C. provisions in light of those facts.
Court Description: Civil Case - arbitrability. Issue as to whether the arbitration clause was part of the parties' agreement is a matter for judicial determination. District court erred in determining as matter of law that the parties' agreed to arbitration and indemnification, as issues of fact remained on the formation of the arbitration agreement. Case is remanded for a non-jury trial and application of appropriate UCC provisions in light of those facts.
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