Bank of the Ozarks, Inc., and Bank of the Ozarks, Appellants v. Robert Walker, Ann B. Hines, and Judith Belk, Appellees

Summary

The court affirmed the denial of the bank’s motion to compel arbitration because the account agreements lacked mutuality of obligation. The agreements required the customers to bear arbitration-related expenses incurred by the bank and allowed the bank, but not the customers, to avoid arbitration without waiving judicial remedies. Because that defect independently invalidated the arbitration agreement, the court did not decide whether the agreements also lacked mutual agreement.