Contract issues

UPDATED: May 13, 2009

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Contract issues

I entered into a grain contract with a small broker/ buyer. He did not comply with pickup of the grain. I sold elsewhere. After a year of legal suit and 2 depositions that did not go his way, in an 11th hour announcement one week before trial in circuit court, they announce that they feel the case must go to arbitration according to the rules of an association they are a member of. His contract does mention that rules of the ass. apply but does not mention arbitration, nor was it discussed with me. I did not sign a contract with him. Can he force me into arbitration?

Asked on May 13, 2009 under Business Law, Arkansas


J.M.A., Member in Good Standing of the Connecticut Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

The rule in most states is clear that unless you agree to arbitrate in a contract, you cannot be foreced to arbitrate.  I would need to see the actual contract that you had with the buyer, but if the contract does not say that all disputes arising out of the contract shall be arbitrated.... something to that affect, I do not see how you can be forced to arbitrate.  Did your lawyer's make a deal?  What was the court's basis for requiring arbitration?  You should discuss this with your lawyers so you can be informed as to why you are being railroaded in this direction. 

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