Advanced Air Management v. Gulfstream Aerospace
Gulfstream Aerospace Corporation (Gulfstream) appeals from an order denying its petition to compel arbitration of a complaint filed by Advanced Air Management, Inc. (Advanced). Advanced alleges that Gulfstream negligently maintained and repaired an airplane operated by Advanced. The trial court found that the parties’ contract was unconscionable, so the arbitration agreement contained within it was unenforceable.
Gulfstream argues that the parties agreed to delegate to an arbitrator the authority to decide disputes concerning the enforceability of the arbitration agreement, and Advanced never specifically challenged the validity of that delegation, so the trial court was required to order arbitration and allow the arbitrator to decide whether the arbitration agreement as a whole is enforceable. We agree. We therefore reverse the order with directions to grant the petition.
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