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The Iowa Court of Appeals held that a trial court erred in denying a motion to confirm an arbitration award because the trial court reasoned that there was no proof of an agreement to arbitrate even though the moving party had submitted a credit card agreement containing an arbitration provision.
In MBNA America Bank, N.A. v. Brink, No. 06-0540, 2006 WL 3436320 (Iowa Ct. App. Nov. 30, 2006), MBNA America Bank, N.A. (MBNA) obtained an arbitration award against Brink for an unpaid balance on her credit card. The trial court denied MBNA's motion to confirm the award on the ground that there was no written agreement to arbitrate.
On appeal, the Court held that the trial court abused its discretion in denying the motion to confirm because MBNA had submitted a credit card agreement containing an arbitration provision. Also, as the Court noted, the arbitrator found that the parties agreed to arbitrate. Accordingly, the Court remanded the matter with instructions to confirm the award.
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