 |
Mississippi Court Enforces Unsigned Arbitration Agreement Even though the moving party never signed the arbitration agreement, the Northern District of Mississippi granted a motion to compel arbitration because the moving party’s course of conduct demonstrated assent. In Kuebler v. Union Planters Mortgage, Inc., No. 3:05CV125-D-A, 2006 WL 1666719 (N.D. Miss. June 15, 2006), Kuebler’s mother obtained a mortgage loan from Union. As part of the loan process, Kuebler’s mother signed an arbitration agreement. When Kuebler’s mother died, Kuebler sued Union alleging that Union’s collection practices cause her emotional distress. Union moved to compel arbitration pursuant to the arbitration agreement signed by Kuebler’s mother. Kuebler argued that the Union could not enforce the arbitration agreement because nobody from Union ever signed the agreement. As the Court observed, under Mississippi law, “any definite or unequivocal course of conduct showing that a party has assented to a contract is binding on him just as his signature would be.” The Court found that Union assented to the arbitration agreement by signing all other documents associated with loan and by first engaging in mediation in accordance with the agreement. |