Jeffrey Hamblen and Barbara Youngs, Husband and Wife, Petitioners v. Hon. Ralph Hatch, Judge of the Superior Court…

Summary

The court held that the separability doctrine applies after arbitration when the parties agreed to a broad arbitration clause but did not specifically challenge the clause itself. Because LCMC submitted, or could have submitted, its claims as arbitration counterclaims, the confirmed award barred LCMC from pursuing those claims in superior court. The court reversed the orders permitting amendment and remanded with directions to dismiss the amended complaint.