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

Summary

The court held that a court-appointed guardian of both the person and estate had authority to execute the arbitration agreement on Lamb's behalf. It further held that the unavailability of the designated arbitration forum did not make the agreement impossible to perform and that Lamb failed to prove procedural or substantive unconscionability. The court therefore reversed the denial of arbitration and remanded for an order compelling arbitration, while affirming on the cross-appeal. Justice Danielson, joined by Justice Wynne, dissented, contending that the forum's unavailability made the agreement impossible to perform and that the majority failed to apply ordinary contract-law unconscionability principles.