Missouri Court of Appeals, Eastern District / Jan 28, 2020
Paul D. Melnuk, Respondent, vs. Thomas J. Hillman, Appellant.
Thomas J. Hillman appealed the trial court's denial of his motion to compel arbitration of claims brought by his former business partner, Paul D. Melnuk. Melnuk's claims stemmed from Hillman's alleged unauthorized amendment of a phantom option plan, which impacted a promissory note. The appellate court reversed the trial court's order, holding that an arbitrator, not the court, must determine the collateral estoppel effect of a prior arbitration award on the current claims, given the parties' agreements contained delegation clauses. The case was remanded with instructions to stay the proceedings and compel arbitration.