Ggnsc Holdings, LLC, Appellants v. Kathyrn S. Chappel, as Special Administrator of the Estate of W.c…

Summary

The court reversed and remanded the order denying motions to compel arbitration because the circuit court did not expressly decide whether a valid arbitration agreement existed before addressing contract defenses. Arkansas courts must determine contract formation and the validity of the arbitration agreement before considering defenses such as impossibility or unconscionability. Justice Goodson, joined by Justices Baker and Hoofman, concurred but criticized the procedural rule requiring an express threshold ruling and its resulting complexity.