University Toyota and University Chevrolet Buick Gmc v. Beverly Hardeman and Vivian Roberts

Summary

The court held that the trial court improperly directed the parties to arbitrate before the AAA when their agreements specifically identified the BBB as the arbitration forum. It further held that the agreements did not authorize class arbitration, so the BBB's refusal to conduct class proceedings did not make that forum unavailable. The order was reversed and remanded for an order requiring arbitration before the BBB if the plaintiffs pursue their claims. Justice Murdock, dissenting, would have treated the BBB's unavailability for class proceedings as creating a gap for the trial court to fill and would have allowed the arbitrator to decide the class-arbitration issue.