Anderson v. Federated Mutual Insurance Co.

I respectfully dissent. When the Minnesota legislature adopted an act “to validate arbitration agreements,” it did not intend to nullify arbitration agreements which were valid and enforceable under prior Minnesota law. Unif.Arbitration Act, 7 U.L.A. 1 (1986).

The Minnesota Uniform Arbitration Act does not expressly affect the availability of common law arbitration. See Minn.Stat. § 572.08-.30 (1988). “Ordinarily statutes are presumed not to alter or modify the common law unless they expressly so provide.” Agassiz & Odessa Mut. Fire Ins. Co. v. Magnusson, 272 Minn. 156, 166, 136 N.W.2d 861,…