FEDERALCourt of Appeals for the Tenth Circuit
2017

Belnap v. Iasis Healthcare

844 F.3d 1272Court of Appeals for the Tenth Circuit • Decided 2017Remanded
FLAGSHIPDispute ResolutionArbitrationCited 161 times

HOLDING

Dr. Belnap sued his employer hospital over discipline and other claims. The hospital tried to force the dispute into arbitration based on their contract. The court ruled that because the contract specifically incorporated JAMS arbitration rules, the parties clearly agreed to let an arbitrator—not a judge—decide whether claims should be arbitrated. The court sent the case back to the lower court to compel arbitration of all claims. For subcontractors, this means arbitration clauses that reference specific arbitration rules are very strong and will likely force your disputes into arbitration.

KEY FINDINGS

Dispute Resolution

If your contract incorporates JAMS rules or similar arbitration procedures by name, courts will assume you agreed to let an arbitrator decide what disputes must be arbitrated

Arbitration

Simply including an arbitration clause is not enough—courts look at whether you clearly agreed to arbitrate the question of arbitrability itself

FULL COURT OPINION