Review of Court Decisions - Dispute Resolution Journal - Vol. 40, No. 3
Originally from Dispute Resolution Journal
CONSTRUCTION WAIVER PRECONDITION TO ARBITRATION AMBIGUOUS CONTRACT U.S. ARBITRATION ACT—UNIFORM ARBITRATION ACT- PUBLIC POLICY -MISSOURI
Although the parties' first contract stated that maintenance of the work progress schedule was "a condition to the right of arbitration," the contractor did not waive its right to arbitration by discontinuing work on the project. Ambiguities as to arbitrability under the arbitration provisions of the second contract were construed against the drafter, and arbitration was ordered. Disputes arose over performance of two separate contracts btween Bodine Contracting and the Village of Cairo, and Bodinc demanded arbitration. The village resisted, claiming that the contractor had not met the precondition to arbitration under the first contract, that the second contract was unclear as to arbitrabilily of the disputes, and that the American Arbitration Association lacked jurisdiction- Thee trial court stayed arbitration, and Bodine appealed. The appellate court first addressed whether federal or state law applied to the contract, concluding that the strong public policy under the United States Arbitration Act, 9 USC 1 et seq. or the Missouri Uniform Arbitration Act, ...
Village of Cairo v. Bodine Contracting Co., 685 S.W.2d 253 (Mo. App. 1985)