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Solid Q Holdings v. Arsenal 2015 UT App 272, 362 P.3d 295 (Nov. 12, 2015)

Nov 12, 2015

Appealing the denial of a motion to compel arbitration, appellant argued that appellee should be estopped from avoiding arbitration, because appellant’s counterclaims were based on the same facts, relationships, and dispute as appellee’s claims. The Court of Appeals rejected the argument that the intertwined nature of the claims and counterclaims supplied a basis for compelling arbitration and instead applied the non-signatory exception to the general rule recognized in Ellsworth v. American Arbitration Ass’n, 2006 UT 77, 148 P.3d 983.