Legal Opinion

Chem-Ash, Inc. v. Arkansas Power & Light Co.

Supreme Court of Arkansas

Decided June 20, 1988No. 88-28PublishedCited by 47 opinions

1Opinion of the Court

Darrell Hickman, Justice.

This case involves the Uniform Arbitration Act. The trial court ordered arbitration of this dispute between Chem-Ash, Inc., the appellant, and AP&L, the appellee. Chem-Ash argues that its lawsuit was a tort action, not subject to arbitration; AP&L argues that the trial court’s order is not appealable, and even if it is, the suit filed by appellant was in fact a contract dispute and not one based in tort. It is undisputed that “personal injury or tort matters” cannot be the subject of arbitration.-See Ark. Code Ann. § 16-108-201 (1987). We find the order not appealable…

2Cases cited5 opinions

  1. Venhaus v. HaleSupreme Court of Arkansas · 1984
  2. Cook, Comm. of Revenues v. Ark.-Mo. Power Corp.Supreme Court of Arkansas · 1946
  3. McIlroy Bank & Trust v. ZuberSupreme Court of Arkansas · 1982
  4. Arkansas Department of Parks & Tourism v. Resort Managers, Inc.Supreme Court of Arkansas · 1988
  5. Hoggard & Sons Enterprises, Inc. v. Russell Burial Ass'nSupreme Court of Arkansas · 1973

3Cited by47 opinions

  1. Gazaway v. Greene County Equalization BoardSupreme Court of Arkansas · 1993
  2. Wesley Retirement Services, Inc. v. Hansen Lind Meyer, Inc.Supreme Court of Iowa · 1999
  3. American Insurance v. CazortSupreme Court of Arkansas · 1994
  4. McGraw v. American Tobacco Co.West Virginia Supreme Court · 2009
  5. Superpumper, Inc. v. Nerland Oil, Inc.North Dakota Supreme Court · 1998

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