22 Apr As an example, Plaintiff cites the Seventh Circuit’s present choice in Rosenblum, cited herein on other grounds.
"In enacting В§ 2 of this federal Act, Congress declared a national policy favoring arbitration and withdrew the effectiveness of the states to need a judicial forum when it comes to quality of claims that your contracting parties decided to resolve by arbitration." Southland Corp. v. Keating, 465 U.S. 1, 10, 104 S.Ct. 852, 858, 79 L.Ed.2d 1 (1984). Unless the agreement to arbitrate just isn't element of a contract evidencing interstate business or is revocable "upon such grounds as occur at law or in equity for the revocation of every agreement," arbitration is necessary. 9 U.S.C. В§ 2. during the time that is same "arbitration is a matter of agreement amongst the appropriate events; no celebration may be needed to arbitrate absent an understanding to take action." Rosenblum v. Travelbyus.com, Ltd., 299 F.3d 657, 662 (7th Cir. 2002) (citing First Alternatives of Chicago, Inc. v. Kaplan, 514 U.S. 938, 943, 115 S.Ct. 1920, 131 L.Ed.2d 985 (1995)). To find out whether a contract's arbitration clause pertains to a given dispute, we should use Indiana legislation of agreement development. See First Alternatives, 514 U.S. at 944, 115 S.Ct. 1920; Rosenblum, 299 F.3d at 662.
Plaintiff's arguments against enforcement regarding the Arbitration Provisions is grouped as follows: (1) the Arbitration Provisions were perhaps not really an element of the loan agreements themselves; (3) the Arbitration Provisions are unenforceable because no consideration was tendered by Instant Cash, so that the agreements to arbitrate lack mutuality of obligation; and (4) there is no valid contract to which the Arbitration Provisions could be said to be attached because the Consumer Loan Agreements are illegal contracts under the Indiana Loansharking Statute, Indiana Code В§ 35-45-7-2, et because they were never signed by Instant Cash so as to constitute amendments or changes to the Consumer Loan Agreements under the terms of those agreements, and neither document incorporates by reference or references the other; (2) reading the Arbitration Provisions alone, as Plaintiff urges, Plaintiff only agreed to arbitrate disputes arising from or relating to the Arbitration Provisions.