TAMKO Building Products, LLC v. Mike Patterson and Lisa Patterson

Summary

The Supreme Court of Alabama held that an arbitration clause in a roofing-shingle warranty clearly and unmistakably delegated questions concerning the clause's applicability and arbitrability to an arbitrator. The court reversed the Baldwin Circuit Court's order denying TAMKO Building Products' motion to compel arbitration and remanded with instructions to grant the motion.

Holdings

1. An arbitration clause that clearly and unmistakably gives the arbitrator exclusive authority to resolve disputes concerning the clause's interpretation, applicability, enforceability, or formation delegates threshold questions of arbitrability to the arbitrator, including whether claims asserted by a nonsignatory are arbitrable.
2. The circuit court erred in denying TAMKO's motion to compel arbitration because the arbitration clause delegated the arbitrability question to the arbitrator.

Questions Presented

1. Whether the arbitration clause clearly and unmistakably delegated threshold questions of arbitrability, including the arbitrability of claims asserted by nonsignatories, to the arbitrator.
2. Whether the circuit court erred by denying TAMKO's motion to compel arbitration.

Disposition

reversed_and_remanded