This case was decided in the US District Court Western District of Arkansas.  It appears the case was originally filed in state court and the defendants filed an original action in federal court to enforce their ADR agreement.  The District court in their opinion states:

Under the FAA, when one party to an arbitration agreement refuses to arbitrate, the other party may petition a United States District Court to compel arbitration. If, after hearing the positions of the parties, the court is satisfied “that the making of the agreement for arbitration or the failure to comply therewith is not in issue,” it must direct the parties to arbitrate. 9 U.S.C. § 4.

 

Ultimately the District court ordered the parties to arbitrate this case.

Author: US Distric Court Western District of Arkansas from

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