Courtyard Gardens Health and Rehabilitation, LLC; Senior Living Communities of Arkansas, LLC; a — Danielson, J…

Summary

Justice Danielson dissented from the court’s resolution and would have affirmed the circuit court’s determination that the arbitration agreement was impossible to perform. He reasoned that incorporation of the arbitration forum’s code, including provisions limiting administration to that forum and permitting legal remedies if arbitration there became unavailable, made the forum an integral contractual term, so the FAA’s substitute-arbitrator provision did not apply. The dissent therefore concluded that the agreement was unenforceable when the designated forum became unavailable.