Supreme Court of Missouri

Hampton S. Brown v. GoJet Airlines, LLC

November 7, 2023

Summary

The court held that Brown waived his factual challenge to the existence of the arbitration agreement by conceding its existence below and contesting only legal issues. Although the FAA excludes Brown as a worker engaged in interstate commerce, the Missouri Uniform Arbitration Agreement governs because the agreement is not preempted and need not expressly select that statute. Because Brown challenged the arbitration agreement as a whole rather than the delegation provision specifically, the circuit court was required to compel arbitration. The judgment was vacated and remanded for that purpose.