Nexteer Automotive Corporation v. Mando America Corporation

Plaintiff Nexteer Automotive Corporation (Nexteer) appeals by leave granted the trial court’s order compelling arbitration after the court concluded that Nexteer was not prejudiced by the request of defendant Mando America Corporation (Mando) to arbitrate after the parties had stipulated that an arbitration provision was “not applicable.” We reverse and remand.

I. FACTUAL BACKGROUND

Nexteer and Mando are both steering system manufacturers. Nexteer and Mando are competitors, but between April 2013 and August 2013, the parties considered operating jointly to sell steering products. The parties…