Arbitration Clauses
- Pinnacle v. Am Republic 12.31.2013 Opinion and Order. Case No. 1:13CV186 (M.D.N.C. Dec. 13, 2013.
- Where an arbitration clause reads in part "In the event … of a dispute between the parties, ARIC and PBG agree that such dispute will be resolved by binding arbitration." a general choice of law provision will not incorporate a state statute prohibiting arbitration for certain subjects. The court held that the four corners of the document was clear that all disputes were to be arbitrated and one party could not argue that the statue prohibiting arbitration of tort claims was intended to be incorporated in the agreement. Absent clear intent by the parties that a dispute not be arbitrated, "the dispute will be considered arbitrable under the FAA."