Arbitration – Motion To Compel – Arbitrator Selection

Where a lender challenged the denial of an application to compel arbitration in a dispute with a borrower over a loan default, the judgment is affirmed because the arbitrator designated in the parties’ documents was no longer available, and the trial court properly found that it could not designate a new arbitrator since the language of the arbitration agreement limited arbitration to the agreed-upon arbitrator.

Judgment is affirmed.

A-1 Premium Acceptance, Inc. v. Hunter (MLW No. 72211/Case No. SC96672 – 11 pages) (Supreme Court of Missouri, Wilson, J.; Draper, Russell, Powell, Breckenridge and Stith, JJ., and Page, Sp. J., concur. Fischer, C.J.,  not participating) Appealed from circuit court, Jackson County, Fahnestock, J. (Mark D. Murphy, Overland Park, Kansas, for appellant) (F. Paul Bland, Washington, D.C., Dale K. Irwin, Kansas City, Missouri, and David Angle and Matthew Christopher Wilson, Columbia, for respondent).