Kilgore sued Merrill Lynch, alleging fraud, misrepresentation, suppression, and fraudulent inducement. Kilgore argues that Merrill Lynch fraudulently induced him to sign the CMA agreement, which contained the arbitration provision, and, therefore, that the arbitration provision is unenforceable. Merrill Lynch moved to compel arbitration. The trial court denied the motion. The CMA agreement contains a predispute arbitration agreement.
Arbitration is final and binding on the parties.
The parties are waiving their right to seek remedies in court, including the right to a jury trial. I agree that all controversies which may arise between us, including but not limited to those involving any transaction or the construction, performance, or breach of this or any other agreement between us, whether entered into prior, on or subsequent to the date hereof, shall be determined by arbitration. However, we have held that a party cannot be required to arbitrate a dispute that he or she did not agree to arbitrate. See Capital Inv. Merrill Lynch argues that the trial court erred in denying its motion to compel arbitration solely on the basis that no representative of Merrill Lynch had signed the CMA agreement containing the arbitration agreement.