Arbitrability of Disputes in Dual Contracts: Swensen's Ice Cream Co. v. Corsair Corp.
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Authors
Clark, Aaron A.
Issue Date
1992
Volume
25
Issue
Type
Journal Article
Language
Keywords
Alternative Title
Abstract
INTRODUCTION|When parties enter into a commercial contract, the agreement will often contain a provision that requires certain or all disputes to be settled by arbitration. When a dispute arises under a contract, the parties may disagree as to whether the dispute involved is one which the parties agreed to arbitrate. This Note discusses the various theories and policies used to determine which disputes will go to arbitration under these contract clauses. The discussion begins by looking at arbitration clauses in commercial contracts with a special focus on franchising. Next, theories on interpreting these clauses are analyzed both in light of the federal policy favoring arbitration as well as federal court decisions in this area. Finally, this Note focuses particularly on cases of multiple contracts and analyzes and contrasts these opinions with the opinion of the United States Court of Appeals for the Eighth Circuit in Swensen's Ice Cream Co. v. Corsair Corp. This Note concludes that the Eighth Circuit should have submitted the disputes under the subsequent agreement to arbitration because all of the contracts between the parties were interrelated...
Description
Citation
25 Creighton L. Rev. 957 (1991-1992)
Publisher
Creighton University School of Law