Phillips v. Parker

OPINION

The determinative issue in this case is whether the complaint and the allegations made therein are subject to the arbitration clause contained in a written agreement between the parties. We conclude that despite an attempted avoidance of the agreement, because of the nature of the dispute and the allegations asserted, the complaint is, at least in part, dependent upon the terms of the agreement. Evidentiary reliance upon an agreement containing an arbitration clause requires arbitration of the dispute. Therefore, we reverse the decision of the district court and order arbitration.

The…