Alltel Corp. v. Rosenow

Summary

The court affirmed the denial of Alltel's motion to compel arbitration because the arbitration agreement lacked mutuality of obligation. A separate provision allowed Alltel to pursue remedies outside arbitration without waiving arbitration, while customers remained restricted to arbitration, making the agreement invalid and unenforceable under Arkansas contract law. The court also held that applying mutuality as a generally applicable contract-formation requirement did not violate the Federal Arbitration Act, and it declined to reach waiver or enforcement issues.