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ARBITRATION - REGIONS BANK V. RICE

Regions Bank v. Rice, [Ms. 1141154, May 27, 2016] __ So. 3d __ (Ala. 2016). The Court reverses the Madison Circuit Court’s order denying a motion to compel arbitration in a slip and fall injury case occurring on a bank’s premises because plaintiff previously signed a signature card at the bank that made reference to terms of the bank’s deposit agreement which, in turn, contained a broad arbitration provision. Following an appeal authorized by Rule 4 (d), Ala. R. App. P., where the Court reviews de novo the denial of a motion to compel arbitration (Bennett v. Skinner, 98 So. 3d 1140 (Ala. 2012)), and because the arbitration provision contained a delegation provision which clearly and unmistakably delegated questions of substantive arbitrability to the arbitrator, “the arbitrator must resolve the disputed issue whether [plaintiff’s] claim is arbitrable under the arbitration provision.” Ms. *7-8. Accordingly, the Court holds the Madison Circuit Court erred in denying the motion to compel arbitration.

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