Tenth Circuit: Federal Arbitration Act Mandates Summary Trial When Existence of Arbitration Agreement is Disputed | Practical Law
In an April 8, 2014 decision, Howard v. Ferrellgas Partners L.P., the US Court of Appeals for the Tenth Circuit held that when it is unclear whether parties to a dispute have agreed to arbitrate, the court must conduct a summary trial to determine the appropriate means of resolving the case.