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Extremity Healthcare Inc. v. Access to Care Am. LLC

The arbitration clause in a buyout agreement was valid and enforceable; consequently, the Court affirmed the order compelling arbitration and dismissing plaintiffs' suit related to a failed joint venture.

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This case centers on a dispute between several businesses over the enforceability of an arbitration clause in a buyout agreement relating to a failed joint venture. Plaintiffs Extremity Healthcare, Inc. EHI, Village Podiatry Group, LLC Village Podiatry, and EHI Vascular Solutions – Marietta, LLC f/k/a Extremity ASC, LLC Vascular Solutions appeal the trial court’s order compelling arbitration of their claims against Defendants Access to Care America, LLC ATCA and Sweet Dreams Nurse Anesthesia, Inc. Sweet Dreams and dismissing the case. The plaintiffs contend that the trial court erred in compelling arbitration because the buyout agreement containing the arbitration clause was invalid and unenforceable due to lack of mutual assent and a mutual mistake. The plaintiffs also argue that the defendants waived enforcement of the arbitration clause based on their participation in this litigation. For the reasons discussed below, we conclude that the trial court properly ordered the case to arbitration and therefore affirm.

Arbitration is a matter of contract and a party cannot be required to submit to arbitration any dispute which he has not agreed so to submit. Therefore, the question of arbitrability, i.e., whether an agreement creates a duty for the parties to arbitrate the particular grievance, is undeniably an issue for judicial determination.

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