Ggnsc Holdings, LLC, Appellants v. Nellie R. Lamb, by and Through Richard Williams, as Guardian of The…

Summary

The court held that the guardian of Nellie Lamb's person and estate had authority to execute the arbitration agreement on her behalf, that the unavailability of the designated arbitration forum did not make the agreement impossible to perform, and that the agreements were not procedurally or substantively unconscionable. It therefore reversed the denial of arbitration and remanded for entry of an order compelling arbitration. Justice Danielson, joined by Justice Wynne, dissented, concluding that the forum's unavailability made performance impossible and that the majority failed to apply ordinary state contract-law unconscionability principles.