Rider clause, age puts end to arbitration

Trial Notebook

By Steven P. Garmisa

Hoey & Farina

Posted March 6, 2017 1:47 PM

With one justice dissenting, the Illinois Appellate Court ruled the arbitration rider in a 1999 contract between Rosemary Keefe and Allied Home Mortgage — which called for arbitration “governed by” Sections 1 through 4 of the Federal Arbitration Act and the National Arbitration Forum’s 1999 code — was unenforceable because: (1) the NAF stopped handling consumer cases in 2009; (2) there was an “implicit” agreement “to arbitrate their disputes exclusively before the NAF …

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