State ex rel. U-Haul Co. v. Zakaib

(Filed Dec. 3, 2013)

In this proceeding, the petitioner sought a writ of prohibition to prevent enforcement of a circuit court order that denied the petitioner’s motion to compel arbitration. Justice Davis, writing for the majority, has denied the writ after determining that an arbitration agreement was not part of the contracts between the petitioner and the respondents. I concur with all of the majority’s reasoning and concur in the judgment. I write separately, however, to address the dissent’s position that the contracts fairly incorporated an arbitration provision because of the parties’…