8th Cir. Remands Dispute Over Arbitrability of Contract Disagreement for Bench Trial

ST. LOUIS — A trial court erred in failing to hold a bench trial in an action involving whether a contract dispute should be arbitrated because issues of fact exist as to whether the parties agreed to arbitration and indemnification, a federal appeals court has ruled.

On Aug. 7, the 8th Circuit U.S. Court of Appeals explained that the Federal Arbitration Act authorizes a non-jury trial where such factual disputes exist.

Cargotec Solutions LLC makes heavy machinery used in the shipping and container industry. Nebraska Machinery Co. is an authorized dealer for Caterpillar Inc. In March 2007, Cargotec sent NMC …