Originally from:

Journal of American Arbitration (JAA) - Vol. 6, No. 1

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ARTICLES

Illusory Promise to Arbitrate Is Not
Sufficient Consideration for “Stand-Alone”
Arbitration Agreement in Gonzalez v. West
Suburban Imports, Inc.
By Lindsay K. Griffel

I. OVERVIEW
Juan and Claudia Gonzalez (Gonzalez) traded-in a vehicle
while purchasing a Jeep Liberty automobile from West Suburban
Imports, Inc. (West), an Illinois car dealership, in June 2003.1
During the sale, the parties signed an Arbitration Agreement
(Agreement) requiring them to arbitrate disputes arising out of the
transaction before the Better Business Bureau.2 However, certain
claims brought by the parties were exempted from the Agreement.
The exempted claims were listed within the Agreement’s definition
of “dispute,” which read in the pertinent part:
A “dispute” is any controversy or claim (other than: a
claim relating to the buyer’s failure to pay an agreed upon
down payment or failure to pay any amount due pursuant to a
promissory note executed in lieu of a cash down payment; as to
the issuance, by buyer, of a check which is not honored by the