Effective - 28 Aug 1996
435.350. Validity of arbitration agreement, exceptions. — A written agreement to submit any existing controversy to arbitration or a provision in a written contract, except contracts of insurance and contracts of adhesion, to submit to arbitration any controversy thereafter arising between the parties is valid, enforceable and irrevocable, save upon such grounds as exist at law or in equity for the revocation of any contract. Contracts which warrant new homes against defects in construction and reinsurance contracts are not "contracts of insurance or contracts of adhesion" for purposes of the arbitration provisions of this section.
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(L. 1980 H.B. 1203 § 1, A.L. 1996 H.B. 929)
(2000) Section regulates the business of insurance and thus is not preempted by the Federal Arbitration Act due to the provisions of the McCarran-Ferguson Act. Standard Security Life Ins. Co. v. West, 127 F.Supp.2d 1064 (W.D.Mo.); aff'd, 267 F.3d 821 (8th Cir. 2001).
(2011) Attempted preemption by the Federal Arbitration Act of section's exclusion of arbitration provisions from insurance contracts is barred by the McCarran-Ferguson Act. Sturgeon v. Allied Professionals Insurance Co., 344 S.W.3d 205 (Mo.App. E.D.).
Structure Missouri Revised Statutes
Title XXVIII - Contracts and Contractual Relations
Section 435.012 - Notice, contents of, effect of insufficient notice.
Section 435.350 - Validity of arbitration agreement, exceptions.
Section 435.355 - Proceedings to compel or stay arbitration.
Section 435.360 - Appointment of arbitrators by court.
Section 435.365 - Majority action by arbitrators.
Section 435.375 - Representation by attorney.
Section 435.380 - Witnesses, subpoenas, depositions.
Section 435.390 - Change of award by arbitrators.
Section 435.395 - Fees and expenses of arbitration.
Section 435.400 - Confirmation of an award.
Section 435.405 - Vacating an award — de novo judicial review, when.
Section 435.410 - Modification or correction of award.
Section 435.420 - Judgment roll, docketing.
Section 435.425 - Applications to court.
Section 435.430 - Court, jurisdiction.
Section 435.445 - Act not retroactive.
Section 435.450 - Uniformity of interpretation.
Section 435.455 - Constitutionality.
Section 435.460 - Notice of arbitration provisions required.