SettleADebt — S_AR PASS-14
Arkansas ordinary consumer contract/account arbitration: agreement, delegation, enforcement, and award review
Research/access date: October 27, 2026, Pacific and UTC. Session clock checks recorded 09:13:13 PDT / 16:13:13 UTC and 09:26:19 PDT / 16:26:19 UTC. These are session checkpoints, not individual source-opening timestamps. Exact opening times for individual sources are unknown.
Provenance: Earlier raw answers remain unchanged. No legal conclusion from an unreviewed earlier pass was adopted. No actual agreement, account, assignment, award, court record, party status, or authorization was examined.
Scope: Ordinary unsecured consumer contract/account arbitration—whether an agreement exists, who can enforce it, who decides a particular issue, the court-enforcement process, and the limited award-review gateway. This is not a determination of the underlying debt’s validity or amount.
Principal findings
Formation comes before contractual delegation. A clause assigning arbitrability to an arbitrator cannot simply be assumed authentic or assented to. Arkansas’s Newby decision rejected an insufficient connection between a generic cardholder agreement and the consumer. The 2026 Arkansas Kenworth decision addressed a materially disputed signature and upheld the formation-trial route on its record. Neither establishes that every denial defeats arbitration or that every electronic record proves assent. C014–C021, C026–C032. Justia Law+1
The current Arkansas act has a date-specific transition rule and three express exclusions, but no general consumer-contract exclusion. The displayed § 16-108-203 uses July 27, 2011; earlier agreements enter the revised act only through the stated agreement-in-a-record route. The original act was approved March 24, 2011, but approval is not its commencement date. The current integrated Code and complete later-law chain remain partially authenticated. C001–C003. Justia Law+1
A requested federal stay is not interchangeable with dismissal, and federal jurisdiction is not supplied by the FAA alone. Smith requires the § 3 stay when its predicates and a request are present. Badgerow rejects look-through jurisdiction for freestanding award applications. The Supreme Court’s May 14, 2026 decision in Jules separately holds that a federal court with jurisdiction over a case stayed under § 3 retains jurisdiction over the resulting confirmation or vacatur motions. C008–C011, C045–C046. Supreme Court+2
The award clocks differ in both units and required acts. FAA § 12 requires notice of the motion to be served within three months after the award is filed or delivered. Arkansas §§ 223–224 use ninety-day filing periods tied to receipt of notice, with a specific discovery rule for the stated fraud/corruption/undue-means ground. Three months is not automatically ninety days. C066–C080. US Code+1
Judicial review is not a general second trial. Hall Street and the Eighth Circuit’s Medicine Shoppe decision restrict the FAA’s expedited review to the statutory grounds. An asserted legal error is not automatically an independent vacatur ground. Conversely, losing an arbitration-enforcement motion is not winning the debt merits, and an award is not itself an actual payment or levy. C081–C085. GovInfo+1
In this report, S001 means S_AR-P14-S001, and C001 means S_AR-P14-C001. The source register supplies full literal HTTPS URLs, material pinpoints, and reading limits.
A. Applicable regimes, dates, and courts
A1. Regime matrix
| Regime or question |
Operative starting point |
Necessary predicates and limits |
| Arkansas Uniform Arbitration Act |
Arkansas Code §§ 16-108-201–233, materially enacted by Act 695 of 2011. |
Determine agreement date, transition, exclusions, and applicable federal law. |
| Agreements on or after July 27, 2011 |
Displayed § 203(a) applies the revised subchapter. |
This date is verified in the codification reproduction; the original act uses its effective-date formulation. |
| Earlier agreements |
Section 203(b) permits application if all specified parties agree in a record. |
Do not automatically apply the revised act to every older agreement. Section 233(a) also preserves the stated earlier proceedings/accrued rights. |
| State exclusions |
Section 233(b): personal-injury/tort matters; employer–employee disputes; an insured or beneficiary under an insurance policy or annuity contract. |
An exclusion from this state act is not necessarily an exclusion from the FAA. Insurance-related federal/state interaction is separately held. |
| Ordinary consumer or business contract |
Neither ordinary consumer purpose nor business purpose alone decides arbitration coverage. |
The actual agreement, transaction, parties, scope, and applicable law must be proved. |
| FAA § 2 |
Written arbitration provision in a covered maritime transaction or contract evidencing a transaction involving commerce; generally applicable contract defenses preserved. |
A contractual statement “FAA applies” does not by itself prove agreement, commerce, authority, or federal subject-matter jurisdiction. |
| FAA § 1 |
Defines commerce and contains the specified transportation-employment exclusion. |
It is not a generic consumer-debt exemption. Employment classification is outside this pass. |
| Later federal exception |
Chapter 4 permits the specified election concerning sexual-assault or sexual-harassment disputes, with court determination under § 402(b). |
Its definitions, claim timing, election, and statutory application must be established. It is not a general ordinary-debt exception. |
| State court enforcing an FAA-covered agreement |
Federal substantive enforceability and preemption matter; available state procedure must be separately identified. |
Badgerow notes that the Supreme Court has not categorically resolved direct application of all FAA §§ 4 and 9–11 procedures in state court. |
| Federal court |
An independent jurisdictional basis is ordinarily required. |
FAA applicability does not itself create federal-question jurisdiction. Section 4’s particular look-through mechanism differs from freestanding award motions. |
C001–C013, C087–C088, C097. FindLaw+3
Enactment and codification qualifications
Act 695’s original numbering is not identical to the current displayed Code. Its electronic-signatures and savings provisions appear under different numbers in the enacted text than current §§ 230 and 233. The current index also identifies reserved sections. These are not treated as separate corroborating enactments.
Section 204 distinguishes provisions that can be varied, provisions that cannot be waived before a controversy, and provisions that cannot be waived or varied at all. A generic contract statement that “all statutory rights are waived” does not resolve those requirements or FAA preemption. C001–C003, C013. Justia Law
A2. Court authority, venue, and federal jurisdiction
| Stage |
Court/forum rule examined |
What remains necessary |
| State motion concerning an agreement |
§§ 205, 207 and 226 require the appropriate court and parties; pending litigation affects where the motion belongs. |
Actual court competence, pending action, notice and jurisdiction. |
| Arkansas arbitration venue |
Section 227 addresses the agreed or actual hearing county, adverse-party residence/business alternatives, and subsequent motions in the same court unless directed otherwise. |
No actual county or forum is selected here. |
| Federal motion to compel |
Section 4’s text requires the stated independent-jurisdiction inquiry, aggrieved party/refusal predicate, notice and district-related conditions. |
The statutory district language is not a universal forum-selection ruling for every posture. |
| Freestanding federal confirmation/vacatur |
Badgerow: no § 4-style look-through for §§ 9–10 applications. |
Actual diversity, federal question on the application, or another valid jurisdictional basis. |
| Award motion in an already stayed federal case |
Jules: a court with jurisdiction over live claims stayed under § 3 retains jurisdiction over resulting §§ 9–10 motions. |
A genuinely pending qualifying case—not merely an arbitration clause naming federal court. |
| State § 226’s Arkansas-arbitration provision |
Supplies state-court authority under its terms. |
It does not itself eliminate otherwise existing federal jurisdiction or create federal jurisdiction. |
C008–C012. Jules affirmed the court of appeals; it did not authorize manufacturing a federal case solely to create an award-review forum. Supreme Court+1
B. Formation, assent, defenses, and delegation
B1. Formation and evidence matrix
| Issue |
Required inquiry |
Consequence and uncertainty |
| Offer and operative version |
Identify the agreement actually presented, its date/version, incorporated material and change history. |
A current webpage does not prove the terms presented earlier. |
| Assent |
Establish legally sufficient acceptance under applicable contract law. |
A signature, use, payment, checkbox or screenshot is evidence whose significance depends on the record—not an automatic conclusion. |
| Electronic record |
Apply electronic-record recognition, agreement/context and attribution rules. |
Electronic form is not inherently invalid; it also does not prove who acted or what was displayed. |
| Capacity and authority |
Establish competent parties and actual representative authority. |
Kindred Nursing rejects an arbitration-specific authority barrier, not ordinary neutral agency requirements. |
| Consideration and mutuality |
Apply ordinary contract principles without imposing arbitration-only burdens. |
Jorja Trading did not require identical reciprocal remedies. Its concurrence’s proposed broader abolition of mutuality was not the majority holding. |
| Delivery/access |
Prove that the asserted terms and incorporation were communicated in a legally sufficient manner. |
A generic account document or unexplained form can fail to connect the consumer to the arbitration terms. |
| Modification |
Identify the original change mechanism, actual notice, effective version and assent/other legally sufficient basis. |
A unilateral-change label neither automatically invalidates nor validates the clause. |
| Opt-out |
Apply the actual provision and prove the event, method and timing. |
No statutory universal opt-out period was established. |
| Survival and scope |
Read the actual text for past claims, termination, parties and covered disputes. |
Broad wording does not create assent or necessarily cover every later claim. |
| Cost/access defense |
Identify likely actual costs, allocation, available relief and the asserted legal defense. |
Green Tree rejected a speculative cost showing; it did not establish that every cost barrier is harmless. |
C014–C025. Justia Law+3
Three Arkansas formation decisions must not be collapsed
- Newby: The proponent did not sufficiently connect the asserted cardholder agreement to the consumer. The direct appeal was affirmed; the sanctions cross-appeal was dismissed, not decided as a merits affirmance.
- Runyan: Assent was found on the particular invoice references, payments, admissions and record. The decision is not a universal rule that paying any statement accepts any website term.
- Arkansas Kenworth: A specific signature denial and conflicting evidence presented a genuine formation issue. The majority upheld the trial route while preserving the case’s argument-preservation limits. It did not finally decide that an agreement existed or did not exist.
C018–C021. Justia Law+2
B2. Who decides which challenge?
| Challenge actually made |
Default decision-maker or rule |
Important qualification |
| “I never agreed to this contract or clause.” |
Court determines whether the agreement was formed. |
Genuine factual disputes can require the applicable trial procedure. |
| “The entire contract is unlawful or invalid.” |
Buckeye separates whole-contract validity from the arbitration provision. |
Its holding expressly distinguishes whether any agreement was ever concluded. |
| “The arbitration clause itself is unenforceable.” |
Court ordinarily addresses that targeted challenge unless a valid delegation assigns it. |
The delegation’s existence and enforceability must be separately tested. |
| “The delegation provision itself is unconscionable or invalid.” |
Rent-A-Center requires attention to that specific challenge. |
Merely repeating a challenge to the whole arbitration agreement may not reach the delegation. |
| “The parties clearly delegated scope or enforceability.” |
Clear-and-unmistakable agreement can assign those questions to the arbitrator. |
Henry Schein rejects a “wholly groundless” exception once valid delegation applies; it did not decide that the contract there actually delegated. |
| “Two contracts conflict about arbitration and court.” |
Coinbase v. Suski requires the court to resolve which agreement governs that antecedent dispute. |
It is not a merits ruling on every later forum clause. |
| Condition precedent to arbitration |
Arkansas § 206(c) assigns the stated condition-precedent question to the arbitrator. |
Actual formation and a valid contrary allocation must not be assumed. |
| Scope of a proved agreement |
Section 206(b) supplies the state default, subject to valid agreement and governing federal law. |
Scope is different from whether the debt is valid or the balance correct. |
C026–C033. GovInfo+3
B3. Institutional rules and the limits of the actual reading
In HPD v. TETRA, the Arkansas Supreme Court relied on the particular commercial agreement, its court-exclusion language, and incorporated AAA Construction Industry Rules. The opinion reproduced the relevant R-9 and R-1 provisions and found clear delegation.
That is not proof that every reference to AAA, every consumer agreement, or a current consumer-rule webpage supplies the same delegation. The actual dated construction-rule body incorporated in HPD was not independently retrieved in this pass. The current consumer rules and fee-schedule downloads also were not obtained as complete operative bodies.
Accordingly, the historical rule text quoted in HPD is attributed to the opinion, and the exact provider version, incorporation, consumer context, and fee schedule remain held. C033–C034, C065. Justia Law
B4. Neutral defenses and preemption
Concepcion and Kindred Nursing prohibit defenses that single out arbitration or covertly disfavor its defining features. They do not eliminate all neutral fraud, duress, incapacity, unconscionability, authority, cost, or contract-formation defenses.
A defense must be identified precisely, supported factually, applied evenhandedly, and directed at the correct contractual level. A public-policy objection to arbitration as such is not interchangeable with a proved generally applicable contract defect. C007, C022–C025. GovInfo+1
C. Assignment and nonsignatory enforcement
C1. Party-rights matrix
| Posture |
Necessary showing |
What does not establish enforcement rights |
| Original creditor |
Actual agreement, party identity, scope and continuing right. |
A branded statement alone. |
| Genuine assignee |
Valid transfer of the relevant contractual rights and connection to this agreement/account. |
A generic portfolio purchase or purchase price. |
| Successive debt buyer |
Each legally material transfer and the applicable successor/assign language or other governing law. |
An authentic last bill of sale that leaves an earlier link or account inclusion unproved. |
| Servicer |
Actual agency/servicing authority and a legal basis to invoke arbitration for the relevant party. |
Processing payments or sending notices alone. |
| Affiliate |
Contract definition or a recognized nonsignatory theory with its elements proved. |
Common ownership or a shared brand alone. |
| Nonsignatory claiming estoppel, beneficiary, agency, assumption or similar theory |
Applicable state contract law and the particular facts. |
FAA policy as a substitute for the theory’s elements. |
| Consumer facing an assignee |
Existing defenses remain material under the applicable assignment law. |
Transfer does not automatically discharge contract defenses. |
Arthur Andersen v. Carlisle holds that the FAA does not categorically prevent nonsignatories from relying on traditional state-law enforcement doctrines. It did not find that the movants had proved a particular estoppel theory; that required further proceedings. C035–C038. GovInfo
Arkansas §§ 4-58-102 and 105 were freshly read for the limited transfer boundary. Section 105’s defense-preservation language is relevant, but the complete assignment, UCC, choice-of-law and real-party-in-interest regimes are not reconstructed here. C035, C038.
Arbitration enforceability is not debt enforceability. Compelling arbitration does not adjudicate ownership, authorization of every charge, or the amount due. Denying arbitration does not establish that the consumer owes nothing. C039.
D. Enforcement, waiver, stay, and appeal
D1. Court-enforcement matrix
| Event |
Arkansas route examined |
FAA route examined |
| Relief requested |
§ 205 uses a motion with notice under applicable civil rules; an initial motion absent pending litigation has the stated summons-service requirement. |
§ 6 generally treats applications as motions, except where the FAA provides otherwise. |
| Refusal to arbitrate |
§ 207 requires the agreement/refusal showing; opposition is summarily decided under its terms. |
§ 4 requires the specified aggrieved party, written agreement, refusal, jurisdiction, notice and hearing predicates. |
| No enforceable agreement |
Court does not compel under § 207. |
Section 4 does not authorize bypassing a genuine formation dispute. |
| Genuine formation issue |
Appropriate judicial determination is required. |
Section 4 provides a trial and its specific jury-demand mechanism. A bare label or universal jury entitlement is not supplied. |
| Merits appear weak |
Section 207(d) prevents refusal merely because the underlying claim lacks apparent merit. |
Arbitrability and debt merits remain distinct. |
| Pending court case |
Section 207(e) directs the motion to the court where the covered proceeding is pending. |
Federal court still requires its proper jurisdiction and procedural basis. |
| Judicial proceeding while arbitrability is decided |
Section 207(f) requires a party motion and the prescribed stay. |
Section 3 and applicable orders must be established; motion filing alone is not every kind of stay. |
| Arbitration while court question is pending |
Section 206(d) permits proceeding unless the court orders otherwise. |
No blanket “court motion stops the arbitration” rule. |
C040–C047. Justia Law+1
Provisional judicial relief can be available under § 208’s conditions without necessarily waiving arbitration. Arbitrator appointment, neutrality and disclosures are separately addressed by FAA § 5 and Arkansas §§ 211–212. A failed appointment mechanism does not permit an unsupported assumption that either all arbitration fails or any substitute may be selected. C048–C050.
D2. Litigation-conduct waiver after Morgan
Morgan v. Sundance rejected an arbitration-specific prejudice requirement. It did not itself decide the ultimate waiver result or settle every question about the governing state/federal waiver framework.
Arkansas’s Westlake v. England expressly considered Morgan. It held that Morgan did not overrule Jorja Trading because the latter did not rest on prejudice and involved the actual contract and litigation conduct addressed there.
The bounded result is:
- No special prejudice requirement may be reintroduced where Morgan rejects it.
- No fixed number of days, answers, discovery requests, or motions automatically establishes waiver.
- A contractual reservation and a prior collection suit are relevant facts, not universal immunity from waiver.
- The claims litigated, merits activity, requests for judicial decisions, knowledge, timing, and applicable law must be examined.
C051–C054. Supreme Court+1
D3. Stays and appeal categories
| Question |
Supported rule |
Limit |
| Federal case is arbitrable and a party requests § 3 stay |
Smith requires the stay rather than dismissal merely because all claims are arbitrable. |
Dismissal for an independent reason, such as lack of jurisdiction, is different. |
| Federal denial of arbitration is appealed under § 16(a) |
Coinbase v. Bielski requires the federal district proceeding to be stayed pending the qualifying interlocutory appeal. |
Frivolous-appeal mechanisms and the actual appealed issue matter; this is not automatically Arkansas state-court procedure. |
| FAA order refuses stay or denies compulsion |
Section 16(a) identifies appealable categories. |
Actual finality, statute and appellate jurisdiction must be established. |
| FAA order grants stay or compels arbitration |
Section 16(b) generally bars the specified interlocutory appeals, subject to its stated exception. |
A final decision and a nonfinal order are different. |
| Arkansas appeal |
Section 228 and Appellate Rule 2(a)(12) identify the state route and categories. |
No universal state automatic appellate stay or actual filing deadline is supplied. |
| Other clocks |
The arbitration motion or appeal does not automatically stop every response, limitation, judgment or enforcement clock. |
An applicable statute or actual order must support the claimed suspension. |
C045–C058. Supreme Court+3
E. Arbitration process and limited award review
E1. Before an award
| Step |
State provision examined |
Conditions |
| Initiation |
§ 209 |
Notice in a record using the agreed method; otherwise the stated certified/registered-mail receipt or civil-service route; controversy and remedy described. |
| General notice |
§ 202 |
Reasonable notice method and receipt rules; applies subject to specific provisions. |
| Hearing |
§ 215 |
Fair process, specified summary-disposition procedure, hearing notice not less than five days, opportunity to be heard, present material evidence and cross-examine. |
| Participation without timely notice objection |
§§ 209 and 215 |
Can waive the specified notice objection. It is not a universal waiver of every formation or misconduct issue. |
| Counsel |
§ 216 |
Party may be represented by a lawyer, subject to § 204’s nonwaiver structure. |
| Award |
§ 219 |
Signed or otherwise authenticated record and notice of the award; agreed/court-set timing and objection provisions matter. |
| Requested explanation |
§ 221(e) |
On the specified timely request before receipt of award notice, the arbitrator states the basis in fact and law. |
| Remedies and costs |
§ 221 |
Court-available damages under required evidentiary standards; attorney fees if law or agreement authorizes; other stated remedy/cost powers. |
These provisions are not a complete evidentiary or provider-procedure dossier. No provider fee cap was verified as an operative incorporated schedule, and no provider policy is treated as a statutory entitlement. C059–C065. Justia Law+2
E2. Award, court judgment, and payment are separate events
| Route |
Required act / unit / trigger |
Permitted grounds or consequence |
| Arkansas arbitrator correction, § 220 |
Motion and notice to all parties within 20 days after receipt of award notice; objection notice within 10 days after receipt of motion notice. |
Specified correction, incomplete-finality or clarification grounds; not general reconsideration on demand. |
| Arkansas confirmation, § 222 |
Motion after notice of award. |
Court shall confirm unless the statutory change/vacatur/correction conditions apply. No express filing period appears in this section; that is not proof of unlimited time under all law. |
| Arkansas vacatur, § 223 |
Motion filed within 90 days after receipt of award notice or qualifying modified/corrected award notice. |
Six statutory categories; special discovery trigger for corruption, fraud or undue means. |
| Arkansas modification, § 224 |
Motion within 90 days after the stated notice. |
Evident numerical/descriptive error; award on unsubmitted matter subject to statutory qualification; imperfection of form not affecting merits. |
| FAA confirmation, § 9 |
Its agreement/judgment/forum predicates; application “within one year” after award made. |
Mandatory confirmation absent the specified statutory alteration. Consequences of an application beyond one year are not universally decided here. |
| FAA vacatur, § 10 |
Applicable court and proper motion/notice. |
Corruption/fraud/undue means; evident partiality/corruption; prejudicial hearing misconduct; excess/imperfect execution of powers preventing the specified final award. |
| FAA modification, § 11 |
Applicable court and proper motion/notice. |
Three confined correction categories. |
| FAA § 12 |
Notice of motion must be served within three months after award filed or delivered. |
Filing alone is not the stated service act. No automatic conversion to ninety days or state fraud-discovery rule. |
| Court judgment |
Arkansas § 225 or FAA §§ 9, 13, with actual jurisdiction and notice. |
Court judgment and enforcement consequences follow the governing provisions; award issuance alone is not an actual levy or payment. |
C066–C085. Justia Law+3
E3. Arkansas vacatur grounds, without importing an extra condition
Section 223(a) addresses:
- Corruption, fraud, or other undue means in procurement.
- The specified evident partiality, corruption, or prejudicial misconduct.
- The specified refusal to postpone or consider material evidence, or other substantially prejudicial hearing violation.
- Exceeding arbitral powers.
- No agreement to arbitrate, unless the person participated without the prescribed objection by the beginning of the hearing.
- Improper initiation notice causing substantial prejudice.
The current body read does not add a separate earlier-adverse-§ 207-order condition to paragraph (5). No such condition is invented here.
The ninety-day corruption/fraud/undue-means branch runs from knowledge or when reasonable care would have supplied knowledge. Whether a particular allegation fits that category is a legal and factual question, not a means of relabeling ordinary legal error. C068–C071. Justia Law
E4. Review limits and jurisdiction
Hall Street makes the FAA’s expedited review grounds exclusive in the sense addressed there; a contract cannot simply authorize ordinary legal-error review through that statutory route. Medicine Shoppe applies that principle in the Eighth Circuit and rejects manifest disregard as an independent nonstatutory ground.
Those decisions do not authorize skipping jurisdiction, service, timeliness, or proof of an actual statutory ground. Nor does vacatur necessarily end the controversy: Arkansas § 223(c) permits specified rehearings, with a new arbitrator required for its stated categories. C073, C081–C082.
For jurisdiction, Badgerow and Jules answer different questions:
- Badgerow: no look-through for a freestanding §§ 9–10 application.
- Jules: a qualifying live federal case stayed under § 3 retains jurisdiction over the resulting award motions.
A contract naming a federal court cannot create subject-matter jurisdiction that otherwise does not exist. C008–C011, C087. Supreme Court+1
F. Primary-opinion matrix
All entries concern published judicial bodies actually read for their material majority reasoning and disposition. Other-subject facts are disclosed rather than treated as ordinary consumer-debt merits holdings. Quoted underlying decisions are not counted as fresh reads.
| Authority / source |
Court/date, posture and narrow holding |
Disposition, separate writings and limits |
| Asset Acceptance LLC v. Newby, 2014 Ark. 280 — S016 |
Arkansas Supreme Court, June 19, 2014. Debt buyer failed to sufficiently establish the asserted agreement’s connection to the consumer. |
Direct appeal affirmed; sanctions cross-appeal dismissed. Dissent noted. No merits ruling on the debt. |
| Jorja Trading v. Willis, 2020 Ark. 133 — S017 |
Arkansas Supreme Court, April 9, 2020. Rejected the challenged mutuality theories and applied actual nonwaiver/small-claims language. |
Reversed/remanded; Court of Appeals opinion vacated. Brown concurrence; Wynne dissent joined by Baker/Hudson; Hart did not participate. Not abolition of every neutral mutuality defense. |
| Altice USA v. Runyan, 2023 Ark. App. 124 — S018 |
March 1, 2023. Assent established on invoice-link/payment/admission record; contractual scope and challenge target mattered. |
Reversed/remanded. No universal statement/payment assent rule; guardianship facts not generalized. |
| Arkansas Kenworth v. Gaston, 2026 Ark. App. 286 — S019 |
May 6, 2026. Competing signature evidence created a genuine formation issue; trial route sustained. |
Affirmed. Murphy dissent joined by Abramson. Timing/preservation limits matter; commercial truck-repair facts are not consumer-merits findings. |
| HPD v. TETRA, 2012 Ark. 408 — S020 |
Arkansas Supreme Court, November 1, 2012. Actual commercial contract and quoted construction-rule incorporation clearly delegated issues. |
Reversed/remanded to compel; cross-appeal moot. Historical provider rule body not separately retrieved. |
| Westlake Services v. England, 2024 Ark. App. 271 — S021 |
April 24, 2024. Applied Jorja and expressly distinguished Morgan on actual contract/conduct and lack of a prejudice premise. |
Reversed/remanded. Thyer concurred. Not a general rule that filing collection litigation never waives arbitration. |
| First Options v. Kaplan, 514 U.S. 938 — S022 |
U.S. Supreme Court, May 22, 1995. Court independently decides arbitrability absent clear agreement to delegate; objection before arbitrator was not assent. |
Unanimous affirmance. Actual nonsignatory posture and ordinary contract principles preserved. |
| Buckeye Check Cashing v. Cardegna, 546 U.S. 440 — S023 |
February 21, 2006. Whole-contract illegality challenge separated from arbitration-clause challenge. |
Reversed/remanded. Thomas dissented; Alito did not participate. Footnote 1 reserves whether any agreement was concluded. |
| Rent-A-Center v. Jackson, 561 U.S. 63 — S024 |
June 21, 2010. Separately targeted delegation challenge required in the posture presented. |
Reversed/remanded. Stevens dissent joined by Ginsburg, Breyer and Sotomayor. Not a formation-by-assumption rule. |
| Henry Schein v. Archer & White, 586 U.S. 63 — S025 |
January 8, 2019. No “wholly groundless” exception to a valid delegation. |
Unanimous vacatur/remand. Actual delegation existence left for further proceedings. |
| AT&T Mobility v. Concepcion, 563 U.S. 333 — S026 |
April 27, 2011. The California class-arbitration rule conflicted with the FAA. |
Reversed/remanded. Thomas concurrence; Breyer dissent. Not invalidation of all unconscionability defenses. |
| Kindred Nursing v. Clark, 581 U.S. 246 — S027 |
May 15, 2017. Arbitration-specific clear-authority requirement could not disfavor arbitration formation. |
Reversed in part, vacated in part, remanded. Thomas dissented; Gorsuch did not participate. Neutral agency rules remain. |
| Arthur Andersen v. Carlisle, 556 U.S. 624 — S028 |
May 4, 2009. Traditional state-law nonsignatory theories can support enforcement and the addressed appeal route. |
Reversed/remanded. Souter dissent joined by Roberts/Stevens. Actual estoppel entitlement not decided. |
| Green Tree v. Randolph, 531 U.S. 79 — S029 |
December 11, 2000. Speculative prohibitive-cost showing was insufficient; actual likelihood evidence required. |
Affirmed in part, reversed in part, remanded. Ginsburg partial dissent. Historical dismissal/finality discussion read with Smith. |
| Morgan v. Sundance, 596 U.S. 411 — S030 |
May 23, 2022. Arbitration-specific prejudice requirement rejected. |
Unanimous vacatur/remand. Ultimate waiver and other framework questions not finally decided. |
| Smith v. Spizzirri, 601 U.S. 472 — S031 |
May 16, 2024. Requested § 3 stay required when statutory predicates met. |
Unanimous reversal/remand. Independent dismissal grounds distinguished. |
| Coinbase v. Bielski, 599 U.S. 736 — S032 |
June 23, 2023. Federal proceedings stay during qualifying arbitrability interlocutory appeal. |
Reversed/remanded. Jackson dissent and joiners noted; not a state-court automatic-stay holding. |
| Coinbase v. Suski, 602 U.S. 143 — S033 |
May 23, 2024. Court resolves which agreement governs when contracts conflict about forum/delegation. |
Unanimous affirmance; Gorsuch concurrence. Underlying state contract result not universally decided. |
| Badgerow v. Walters, 596 U.S. 1 — S034 |
March 31, 2022. No look-through jurisdiction for freestanding award applications. |
Reversed/remanded; Breyer dissented. State application of FAA procedural sections left qualified. |
| Jules v. Andre Balazs Properties, 608 U.S. ___ — S035 |
May 14, 2026. Jurisdiction over a live case stayed under § 3 continues for resulting confirmation/vacatur motions. |
Unanimous affirmance. Distinct from freestanding Badgerow application. |
| Hall Street v. Mattel, 552 U.S. 576 — S036 |
March 25, 2008. Parties cannot expand FAA expedited review into general legal-error review. |
Vacated/remanded. Separate dissents noted; other independent avenues not universally adjudicated. |
| Medicine Shoppe v. Turner Investments, 614 F.3d 485 — S037 |
Eighth Circuit, July 21, 2010. Applied statutory review limits after Hall Street. |
Affirmed. Published commercial-franchise case; no independent manifest-disregard ground. |
No complete subsequent-history or citator clearance is claimed.
G. Four controlled fictional models
All parties, documents, dates, events, balances and procedural conditions below are fictional. They do not establish actual eligibility, assent, enforceability, permission, service, timeliness or debt validity.
M01 — Online agreement, contested version, and delegation
Common hypothetical setting
A household account transaction is assumed to involve commerce. On February 3, 2026, the provider asserts that the consumer accepted “Version A.” No actual provider or account is identified.
| Evidence/event |
Qualifying-record branch |
Adverse branch |
| Displayed terms |
Archived Version A shows the actual arbitration and delegation terms available at the acceptance step. |
Only a current webpage or a different later version exists. |
| Acceptance |
Attributable record links the consumer’s affirmative act to Version A; access and ordinary formation requirements are assumed established. |
Consumer specifically denies the act; identifiers or signature evidence conflict. |
| Authority/capacity |
Competence and authority are stipulated for the model. |
Representative authority or capacity is unsupported. |
| Opt-out |
No qualifying opt-out occurred, expressly assumed. |
A purported timely opt-out is supported by evidence; actual contract requirements must be applied. |
| Delegation |
Clear text assigns specified gateway questions; no formation assumption is needed because the qualifying agreement is proved. |
The proponent relies on delegation contained only in the disputed version. |
| Challenge |
Consumer challenges only the entire underlying contract. |
Consumer specifically challenges the delegation’s enforceability, or denies forming any agreement at all. |
Decision-maker: The court must address the antecedent formation problem. If a valid delegation exists, a properly assigned scope/enforceability issue may go to the arbitrator. A targeted delegation challenge must be analyzed at that level.
Procedural consequence: Genuine evidence of disputed formation can require the applicable hearing/trial process. A screenshot is neither automatically sufficient nor automatically worthless. Denying compulsion for lack of proof is not a judgment that the underlying debt is invalid. C014–C032, C093.
M02 — Original creditor, assignee, and servicer
Stipulated chain
| Party/document |
Working branch |
Missing-evidence branch |
| Creditor O’s agreement |
Authentic agreement includes a proved successors/assigns provision covering the dispute. |
Generic agreement not connected to this account. |
| O → A transfer, April 1, 2026 |
Operative assignment and account-level evidence actually transfer the pertinent rights. |
Bill of sale references a missing or mismatched account schedule. |
| Servicer S, April 10 |
Actual authority to act for A is established to the extent asserted. |
S merely sends collection communications; enforcement authority is unproved. |
| Nonsignatory theory |
A specific recognized theory and its elements are proved. |
“Affiliate,” “agent,” or “beneficiary” is asserted without supporting facts. |
Limited principal ledger
Assume no interest or fees are modeled:
$2,400 opening principal−$200 actual credited consumer payment=$2,200$2,400\text{ opening principal}-$200\text{ actual credited consumer payment}
=\boxed{$2,200}$2,400 opening principal−$200 actual credited consumer payment=$2,200Assume A paid O $150 for the account. That is transfer consideration:
Consumer credit from purchase price=$0\text{Consumer credit from purchase price}=\boxed{$0}Consumer credit from purchase price=$0The $150 is not deducted again from the consumer balance. The $2,200 arithmetic also does not prove A’s title, S’s authority, arbitrability, or collectibility.
A valid assignment may transfer an existing arbitration right; it cannot create an agreement the consumer never made. Existing defenses are not automatically extinguished by the sale. C035–C039, C094.
M03 — Litigation conduct, requested stay, and appeal
Alternative conduct histories
| Date/event |
Prompt-assertion branch |
Potential-waiver branch |
| March 2, 2026 |
Lawsuit begins. |
Same. |
| March 10 |
Party identifies the agreement, moves to compel, and expressly requests the applicable stay. |
Party instead seeks merits discovery and judicial merits rulings. |
| Through August |
Party consistently pursues the threshold arbitration question. |
Party substantially litigates the same dispute and seeks arbitration only after adverse merits developments. |
| September 10 |
Court determines whether agreement/scope/waiver predicates are satisfied. |
Same; actual conduct and governing standard matter. |
There is no manufactured “six-month waiver deadline.” Morgan removes the special prejudice requirement, not the need for a fact-based analysis. Westlake does not make all prior collection litigation harmless.
Federal-court branch
Assume independent federal subject-matter jurisdiction exists.
- If the court finds the dispute arbitrable and a party has requested a § 3 stay, Smith requires that stay rather than dismissal solely because all claims are arbitrable.
- If compulsion is denied and a qualifying, timely § 16 appeal is taken on September 14, Bielski governs the federal proceedings pending that appeal, subject to its actual boundaries.
- Timeliness of that appeal is stipulated, not calculated here.
Arkansas-court branch
Sections 207(f)–(g) supply the relevant motion/order stay structure. Section 228 and the state appeal rule supply the appeal route. No federal appellate-stay rule is silently applied to Arkansas state court.
Neither branch suspends every outside debt, response, limitation, garnishment or judgment clock merely because a motion was filed. C045–C058, C095.
M04 — Award notice, months versus days, and separate judgment/payment
Stipulated starting event
A valid signed award is made, filed, delivered and its notice actually received on Wednesday, April 1, 2026. All four events are deliberately made the same date to isolate the statutory units. The actual governing route must still be selected; these are alternatives, not cumulative instructions.
Arkansas ninety-day illustration
Exclude April 1 under the assumed applicable computation rule:
| Segment |
Days |
| April 2–30 |
29 |
| May 1–31 |
31 |
| June 1–30 |
30 |
| Total |
90 |
Conditional ordinary § 223/224 endpoint: Tuesday, June 30, 2026.
This is a filing calculation. Required notice/service and a sufficient statutory ground remain separate.
FAA three-month illustration
Three calendar months after April 1 is Wednesday, July 1, 2026.
The elapsed interval is 91 days, demonstrating why “three months” cannot be replaced with “ninety days.”
Section 12 requires service of notice within that period. A fictional motion filed June 30 but first served July 2 raises a distinct timeliness problem; filing inside the candidate period does not establish service compliance.
State fraud-discovery alternative
Assume qualifying procurement fraud was first known on May 1, and reasonable care would not have revealed it earlier:
30 days, May 2–31+30 days, June+30 days, July 1–30=9030\text{ days, May 2–31}+30\text{ days, June}+30\text{ days, July 1–30}=9030 days, May 2–31+30 days, June+30 days, July 1–30=90Conditional state endpoint: Thursday, July 30, 2026.
That state discovery rule is not imported into FAA § 12. Federal equitable-tolling and disputed-trigger questions remain held.
Other windows
- State § 220’s arbitrator-correction route has a separate twenty-day motion-and-notice period and ten-day objection period. No provider-specific internal calendar is certified.
- FAA § 9’s one-year anniversary from this assumed award date is Thursday, April 1, 2027. The section’s agreement, forum, notice and jurisdiction requirements still apply; the universal consequence of a later application is not resolved here.
- A request for reconsideration does not automatically reset every court deadline. A qualifying modified award and the governing statute must be established.
All displayed main endpoints are weekdays. No local closure, special holiday, service-day addition, electronic cutoff, or tolling extension is assumed.
Amount, judgment, and cash
In a separate uncontested-confirmation branch, assume the award is $1,800, no interest or costs are modeled, and a competent court properly enters a $1,800 judgment on May 18.
| Event |
Award/judgment amount |
Actual cash credit |
| Award issued |
$1,800 |
$0 |
| Judgment entered |
$1,800 |
$0 |
| Actual lawful payment credited June 1 |
— |
$300 |
| Remaining modeled judgment |
$1,500 |
— |
1,800−300=1,5001,800-300=\boxed{1,500}1,800−300=1,500Confirmation is not cash payment, and a proposed payment is not an actual credit. No interest rate or collection method is approved. C066–C087, C096.
H. Twelve additional fictional postures
| Posture |
Fictional facts |
Rule/stage/consequence and gap |
| P01 — Consumer versus business purpose |
One agreement finances household services; another concerns a sole proprietor’s business. |
Purpose alone does not decide FAA or state-act coverage. Actual agreement, commerce and exclusions remain necessary. C001–C005, C088. |
| P02 — Missing clause |
Collector produces statements but no connected arbitration terms. |
Formation remains unproved; Newby is relevant. No automatic merits victory. C014–C018. |
| P03 — Authentic electronic record |
Complete version, attributable acceptance and access are established. |
Electronic form is not inherently invalid; neutral formation and defense analysis still applies. C016–C020. |
| P04 — Change or opt-out |
Later terms add arbitration; consumer asserts a valid opt-out. |
Prove change authority, notice, applicable version and actual opt-out event. No universal deadline invented. C021. |
| P05 — Delegation-specific cost challenge |
Consumer identifies costs of deciding arbitrability itself, not merely total case cost. |
Correct challenge target matters; likely actual burden must be evidenced. C025, C029–C030. |
| P06 — Generic AAA reference |
Agreement says only “AAA rules,” with no established dated rule set. |
Do not substitute current consumer rules for the actual incorporated body. C033–C034. |
| P07 — Servicer as nonsignatory |
Servicer lacks proved enforcement authority. |
Agency or other theory must be established; label alone insufficient. C035–C038. |
| P08 — Broad nonwaiver clause |
Party litigates merits extensively despite a nonwaiver clause. |
Clause and conduct both matter; no automatic no-waiver outcome. C051–C053. |
| P09 — Stay requested |
Federal party requests § 3 stay; all claims are found arbitrable. |
Smith controls the specified stay-versus-dismissal issue; independent jurisdiction must exist. C046. |
| P10 — State interlocutory appeal |
Arkansas court denies compulsion. |
Apply state appeal categories and actual state stay procedure, not Bielski automatically. C057–C058. |
| P11 — Notice-defective award |
Recipient learns of an award without proof of proper initiation or award notice. |
Examine statutory prejudice, objection, receipt and challenge grounds; no automatic voidness or expired-clock finding. C059, C068–C070, C083. |
| P12 — Special sector or foreign/tribal forum |
Agreement concerns a protected special category or foreign/tribal proceeding. |
FAA chapters, federal exceptions, sovereignty, treaty and state exclusions require separate authority. C003, C005, C097–C098. |
I. Complete source and access register
Register conventions
All substantive reads and attempts below occurred October 27, 2026, Pacific and UTC. Exact individual source-opening times are unknown.
- P: official primary enactment, statute, court opinion, or official rule compilation.
- R: actual primary judicial or rule text reproduced by a nonofficial host.
- M: secondary statutory codification.
- G: provider guidance/index.
- F: failed or materially incomplete access.
The Arkansas Code mirrors do not establish complete October 2026 authentication. The federal OLRC pages displayed laws through Public Law 119-124, October 15, 2026. Grouped sections and repeated URLs are not independent corroborating authorities.
I1. Statutes, rules, and narrow supporting law
| Source ID |
Issuer/title/full literal HTTPS URL |
Actual reading, version/effect and limits |
| S_AR-P14-S001 |
Arkansas General Assembly, Act 695 of 2011. https://arkleg.state.ar.us/Home/FTPDocument?path=%2FACTS%2F2011%2FPublic%2FACT695.pdf |
P: material new definitions, transition, agreement, court process, appointment/hearing, award/review and savings clauses. Images inspected at printed3/PDF2, 4/PDF3, 21/PDF20, 22/PDF21, 24/PDF23 and25/PDF24. Approved March24,2011; exact default commencement not independently established. Old strike-through text not treated as operative. |
| S_AR-P14-S002 |
§§16-108-201–204. https://law.justia.com/codes/arkansas/title-16/subtitle-7/chapter-108/subchapter-2/section-16-108-201/ ; https://codes.findlaw.com/ar/title-16-practice-procedure-and-courts/ar-code-sect-16-108-202/ ; https://law.justia.com/codes/arkansas/title-16/subtitle-7/chapter-108/subchapter-2/section-16-108-203/ ; https://law.justia.com/codes/arkansas/title-16/subtitle-7/chapter-108/subchapter-2/section-16-108-204/ |
M: material definitions, notice, transition and nonwaivable provisions. Justia2025; FindLaw §202 dated March28,2024. §203’s July27,2011 date is codified text, not approval date. |
| S_AR-P14-S003 |
§§16-108-205–209. https://law.justia.com/codes/arkansas/title-16/subtitle-7/chapter-108/subchapter-2/section-16-108-205/ ; https://law.justia.com/codes/arkansas/title-16/subtitle-7/chapter-108/subchapter-2/section-16-108-206/ ; https://law.justia.com/codes/arkansas/title-16/subtitle-7/chapter-108/subchapter-2/section-16-108-207/ ; https://law.justia.com/codes/arkansas/title-16/subtitle-7/chapter-108/subchapter-2/section-16-108-208/ ; https://law.justia.com/codes/arkansas/title-16/subtitle-7/chapter-108/subchapter-2/section-16-108-209/ |
M,2025: complete material motion, decision-maker, stay, provisional-relief and initiation bodies. Selected enactment support S001; full later chain held. |
| S_AR-P14-S004 |
§§16-108-211,212,215,216. https://law.justia.com/codes/arkansas/title-16/subtitle-7/chapter-108/subchapter-2/section-16-108-211/ ; https://law.justia.com/codes/arkansas/title-16/subtitle-7/chapter-108/subchapter-2/section-16-108-212/ ; https://law.justia.com/codes/arkansas/title-16/subtitle-7/chapter-108/subchapter-2/section-16-108-215/ ; https://law.justia.com/codes/arkansas/title-16/subtitle-7/chapter-108/subchapter-2/section-16-108-216/ |
M,2025: appointment, disclosure, hearing/summary-disposition and representation. Full arbitral discovery/evidence regime not investigated. |
| S_AR-P14-S005 |
§§16-108-219–221. https://law.justia.com/codes/arkansas/title-16/subtitle-7/chapter-108/subchapter-2/section-16-108-219/ ; https://law.justia.com/codes/arkansas/title-16/subtitle-7/chapter-108/subchapter-2/section-16-108-220/ ; https://law.justia.com/codes/arkansas/title-16/subtitle-7/chapter-108/subchapter-2/section-16-108-221/ |
M,2025: award, correction, remedies/costs and requested factual/legal basis. Not generic uniform-act wording substituted for Arkansas text. |
| S_AR-P14-S006 |
§§16-108-222–225. https://law.justia.com/codes/arkansas/title-16/subtitle-7/chapter-108/subchapter-2/section-16-108-222/ ; https://law.justia.com/codes/arkansas/title-16/subtitle-7/chapter-108/subchapter-2/section-16-108-223/ ; https://law.justia.com/codes/arkansas/title-16/subtitle-7/chapter-108/subchapter-2/section-16-108-224/ ; https://law.justia.com/codes/arkansas/title-16/subtitle-7/chapter-108/subchapter-2/section-16-108-225/ |
M,2025: full material confirmation, six vacatur grounds, filing periods, rehearing, modification and court judgment/cost provisions. S001 images provide primary enactment comparison. |
| S_AR-P14-S007 |
§§16-108-226–228. https://law.justia.com/codes/arkansas/title-16/subtitle-7/chapter-108/subchapter-2/section-16-108-226/ ; https://law.justia.com/codes/arkansas/title-16/subtitle-7/chapter-108/subchapter-2/section-16-108-227/ ; https://law.justia.com/codes/arkansas/title-16/subtitle-7/chapter-108/subchapter-2/section-16-108-228/ |
M,2025: court jurisdiction, county venue and appeal categories. No actual forum selected. |
| S_AR-P14-S008 |
§§16-108-230,233 and index. https://law.justia.com/codes/arkansas/title-16/subtitle-7/chapter-108/subchapter-2/section-16-108-230/ ; https://codes.findlaw.com/ar/title-16-practice-procedure-and-courts/ar-code-sect-16-108-233/ ; https://law.justia.com/codes/arkansas/title-16/subtitle-7/chapter-108/subchapter-2/ |
M: E-SIGN and savings/exclusions; §233 FindLaw March28,2024. Index supports structure only. Codified numbering differs from original act. |
| S_AR-P14-S009 |
OLRC, 9 USC1–6. https://uscode.house.gov/us/usc/119-124/t9/s1/ ; https://uscode.house.gov/us/usc/119-124/t9/s2/ ; https://uscode.house.gov/us/usc/119-124/t9/s3/ ; https://uscode.house.gov/us/usc/119-124/t9/s4/ ; https://uscode.house.gov/us/usc/119-124/t9/s5/ ; https://uscode.house.gov/us/usc/119-124/t9/s6/ |
P: material complete definitions/exclusion, written-commerce agreement, stay, petition/notice/trial, appointment and motion provisions. Display through October15,2026. |
| S_AR-P14-S010 |
9 USC9–13. https://uscode.house.gov/us/usc/119-124/t9/s9/ ; https://uscode.house.gov/us/usc/119-124/t9/s10/ ; https://uscode.house.gov/us/usc/119-124/t9/s11/ ; https://uscode.house.gov/us/usc/119-124/t9/s12/ ; https://uscode.house.gov/us/usc/119-124/t9/s13/ |
P: complete material award, grounds, service/time and judgment-document provisions. Exact legacy resident/nonresident service wording retained; full modern service harmonization held. |
| S_AR-P14-S011 |
9 USC16,401,402. https://uscode.house.gov/us/usc/119-124/t9/s16/ ; https://uscode.house.gov/us/usc/119-124/t9/s401/ ; https://www.law.cornell.edu/uscode/text/9/402 |
P for16/401; R for402 after official failures. Material appeal categories and Chapter4 boundary, including applicability to specified post-March3,2022 disputes/claims. No special-sector factual application. |
| S_AR-P14-S012 |
Arkansas UETA §§25-32-105,107,109. https://law.justia.com/codes/arkansas/title-25/chapter-32/section-25-32-105/ ; https://law.justia.com/codes/arkansas/title-25/chapter-32/section-25-32-107/ ; https://law.justia.com/codes/arkansas/title-25/chapter-32/section-25-32-109/ |
M,2025: agreement/context, electronic recognition and attribution. Original act/full scope/current chain not reconstructed; no broad electronic-compliance certificate. |
| S_AR-P14-S013 |
§§4-58-102,105. https://law.justia.com/codes/arkansas/title-4/subtitle-5/chapter-58/section-4-58-102/ ; https://law.justia.com/codes/arkansas/title-4/subtitle-5/chapter-58/section-4-58-105/ |
M,2025: narrow assignability and defense-preservation bodies, including §105(b)(3). Full ownership and UCC framework deferred. |
| S_AR-P14-S014 |
Arkansas Civil Rule6, Appellate Civil Rule2, Supreme Court/Court of Appeals Rule5-2. https://www.courtrules.net/arkansas/arkansas-civil-procedure/rule-6 ; https://www.courtrules.net/arkansas/arkansas-appellate-civil/rule-2 ; https://www.courtrules.net/arkansas/arkansas-supreme-court/rule-5-2 |
R: computation, arbitration appeal reference and publication/citation provisions. Publisher date not promulgation; full official chain and local cutoff held. |
| S_AR-P14-S015 |
U.S. Courts/GPO, Federal Rules of Civil Procedure, December1,2025 edition. https://www.uscourts.gov/sites/default/files/document/federal-rules-of-civil-procedure.pdf |
P: Rule6(a), material related text, printed12–14/PDF30–32; Rule81(a)(6)(B), printed100/PDF118. Images PDF30 and118 inspected. Limited reading, not entire142-page book. |
I2. Published Arkansas opinions
| Source ID |
Court/title/full literal HTTPS URL |
Actual material read and pinpoint |
| S_AR-P14-S016 |
Asset Acceptance v. Newby. https://law.justia.com/cases/arkansas/supreme-court/2014/cv-13-319.html ; PDF https://cases.justia.com/arkansas/supreme-court/2014-cv-13-319.pdf?ts=1403190113 |
R: majority formation/disposition, printed7–11/PDF6–10; image printed10/PDF9. June19,2014. Publisher summary’s sanctions characterization not adopted. |
| S_AR-P14-S017 |
Jorja Trading v. Willis. https://law.justia.com/cases/arkansas/supreme-court/2020/cv-18-1012.html ; PDF https://cases.justia.com/arkansas/supreme-court/2020-cv-18-1012.pdf?ts=1586444459 |
R: majority mutuality/waiver, printed4–10; image printed6/PDF5. April9,2020. Concurrence/dissent identified; not merged with majority. |
| S_AR-P14-S018 |
Altice USA v. Runyan. https://law.justia.com/cases/arkansas/court-of-appeals/2023/cv-22-236.html ; PDF https://cases.justia.com/arkansas/court-of-appeals/2023-cv-22-236.pdf?ts=1677686950 |
R: majority formation/scope/challenge analysis, printed9–13/PDF8–12; image printed9/PDF8. March1,2023. Quoted Johnson not separately read. |
| S_AR-P14-S019 |
Arkansas Kenworth v. Gaston. https://law.justia.com/cases/arkansas/court-of-appeals/2026/cv-25-108.html ; PDF https://cases.justia.com/arkansas/court-of-appeals/2026-cv-25-108.pdf?ts=1778080177 |
R: majority printed6–11/PDF5–10; image printed8/PDF7; material dissent/preservation discussion. May6,2026. Not a coercion or final-assent holding. |
| S_AR-P14-S020 |
HPD v. TETRA. https://law.justia.com/cases/arkansas/supreme-court/2012/11-1299.html ; PDF https://cases.justia.com/arkansas/supreme-court/11-1299.pdf?ts=1462300329 |
R: majority printed7–12/PDF6–11; image printed12/PDF11. November1,2012. AAA Construction rules quoted in opinion, not independently opened. |
| S_AR-P14-S021 |
Westlake Services v. England. https://law.justia.com/cases/arkansas/court-of-appeals/2024/cv-22-756.html ; PDF https://cases.justia.com/arkansas/court-of-appeals/2024-cv-22-756.pdf?ts=1713971305 |
R: majority mutuality/waiver, printed12–18/PDF11–17; image printed17/PDF16. April24,2024. Thyer concurrence identified; full separate-writing synthesis not claimed. |
I3. Supreme Court and Eighth Circuit opinions
| Source ID |
Court/title/full literal HTTPS URL |
Actual material read and page limits |
| S_AR-P14-S022 |
First Options, 514US938. https://www.govinfo.gov/content/pkg/USREPORTS-514/pdf/USREPORTS-514-938.pdf |
P: majority942–947/PDF4–9; image944/PDF6. May22,1995. |
| S_AR-P14-S023 |
Buckeye, 546US440. https://www.govinfo.gov/content/pkg/USREPORTS-546/pdf/USREPORTS-546-440.pdf |
P: majority443–449/PDF3–9, including footnote1; image444/PDF4. February21,2006. |
| S_AR-P14-S024 |
Rent-A-Center, 561US63. https://www.govinfo.gov/content/pkg/USREPORTS-561/pdf/USREPORTS-561-63.pdf |
P: majority67–76/PDF4–13 and material formation qualification; image70/PDF7. June21,2010. |
| S_AR-P14-S025 |
Henry Schein. https://www.supremecourt.gov/opinions/18pdf/17-1272_7l48.pdf |
P: majority printed3–8/PDF4–9; image printed7/PDF8. January8,2019. |
| S_AR-P14-S026 |
Concepcion, 563US333. https://www.govinfo.gov/content/pkg/USREPORTS-563/pdf/USREPORTS-563-333.pdf |
P: material majority339–352/PDF6–19; image340/PDF7. April27,2011. Full class-waiver doctrine not separately investigated. |
| S_AR-P14-S027 |
Kindred Nursing. https://www.supremecourt.gov/opinions/16pdf/16-32_o7jp.pdf |
P: material majority printed4–10/PDF6–12; image printed7/PDF9. May15,2017. |
| S_AR-P14-S028 |
Arthur Andersen, 556US624. https://www.govinfo.gov/content/pkg/USREPORTS-556/pdf/USREPORTS-556-624.pdf |
P: majority629–632/PDF5–8; image630/PDF6. May4,2009. |
| S_AR-P14-S029 |
Green Tree, 531US79. https://www.govinfo.gov/content/pkg/USREPORTS-531/pdf/USREPORTS-531-79.pdf |
P: material majority89–92/PDF10–13; image91/PDF12. December11,2000. |
| S_AR-P14-S030 |
Morgan. https://www.supremecourt.gov/opinions/21pdf/21-328_m6ho.pdf |
P: majority printed4–7/PDF5–8; image printed6/PDF7. May23,2022. |
| S_AR-P14-S031 |
Smith v. Spizzirri. https://www.supremecourt.gov/opinions/23pdf/22-1218_5357.pdf |
P: majority printed3–6/PDF4–7, including independent-dismissal qualification; image printed3/PDF4. May16,2024. |
| S_AR-P14-S032 |
Coinbase v. Bielski. https://www.supremecourt.gov/opinions/22pdf/22-105_5536.pdf |
P: material majority printed1–10/PDF3–12; image printed2/PDF4. June23,2023. Separate dissent identified, not fully analyzed. |
| S_AR-P14-S033 |
Coinbase v. Suski. https://www.supremecourt.gov/opinions/23pdf/23-3_879d.pdf |
P: majority printed1–8/PDF2–9; image printed8/PDF9. May23,2024. |
| S_AR-P14-S034 |
Badgerow. https://www.supremecourt.gov/opinions/21pdf/20-1143_m6hn.pdf |
P: material majority printed1–16/PDF3–18, including footnote2; image printed5/PDF7. March31,2022. |
| S_AR-P14-S035 |
Jules. https://www.supremecourt.gov/opinions/25pdf/25-83_3e04.pdf |
P: material majority printed1–16/PDF4–19; core printed7–10 and15–16; images printed7/PDF10 and16/PDF19. May14,2026, unanimous affirmance. |
| S_AR-P14-S036 |
Hall Street, 552US576. https://www.govinfo.gov/content/pkg/USREPORTS-552/pdf/USREPORTS-552-576.pdf |
P: material majority584–592/PDF8–16; image586/PDF10. March25,2008. |
| S_AR-P14-S037 |
Eighth Circuit, Medicine Shoppe. https://ecf.ca8.uscourts.gov/opndir/10/07/092179P.pdf |
P: published six-page majority, especially printed4–6/PDF3–5; image printed6/PDF5. July21,2010. |
I4. Provider materials and failed access
S039 — Failed routes and bounded recoveries
No security bypass, private docket/status search, account, filing, contact, or API was used.
J. Atomic claim register
Types: T direct text; H published holding; I reasoned inference; C conditional model; G unresolved evidence/application gap. “Verified” means the stated body was read, not complete current-law certification.
J1. Regime, formation, and delegation
| Claim ID |
Actor/stage/predicate |
Required step or consequence |
Source/pinpoint; type/limit |
| S_AR-P14-C001 |
State regime selected |
Act695 supplies revised architecture; approval differs from commencement. |
S001; T/G. |
| C002 |
Agreement date assessed |
Apply §203 date and earlier-agreement record-consent rule. |
S002§203(a)–(b); T, official date chain partial. |
| C003 |
State exclusion asserted |
Apply three §233 exclusions and savings clause; no general consumer exclusion. |
S008§233; S001; T. |
| C004 |
FAA invoked |
Prove written covered agreement and commerce predicates. |
S009§§1–2; T. |
| C005 |
Employment exception asserted |
§1 is specific, not generic consumer immunity. |
S009§1; T, employment scope deferred. |
| C006 |
State act applied to FAA agreement |
Address federal substantive preemption; no automatic all-procedure replacement. |
S009§2; S026–S027; T/H. |
| C007 |
Contract defense asserted |
Apply neutral defenses, not arbitration-specific hostility. |
S009§2; S026–S027; T/H. |
| C008 |
Federal forum invoked |
FAA alone does not confer subject-matter jurisdiction. |
S034–S035; H. |
| C009 |
§4 petition filed federally |
Establish its independent-jurisdiction/look-through predicates. |
S009§4; S034; T/H. |
| C010 |
Standalone award motion |
No §4-style look-through under Badgerow. |
S034; H. |
| C011 |
Award motion in stayed federal case |
Jules preserves jurisdiction over resulting award motions on its predicates. |
S035 pp.7–10,15–16; H. |
| C012 |
Arkansas court/county selected |
Apply §§226–227 and pending-case rule; no federal-jurisdiction creation. |
S007; S003§207(e); T/I. |
| C013 |
Contract varies act |
Respect §204’s nonwaivable and limited-variation provisions. |
S002§204; T. |
| C014 |
Proponent seeks compulsion |
Establish actual agreement with the relevant party. |
S016 pp.7–11; S003§207; H/T. |
| C015 |
Formation assessed |
Competence, subject, consideration, assent and obligations matter. |
S017 pp.3–6; H. |
| C016 |
Electronic agreement asserted |
Electronic recognition does not prove attribution or agreement. |
S012§§105,107,109; T/I. |
| C017 |
Screenshot/checkbox supplied |
Connect act, terms, version, access and person. |
S016,S018–S019; I, actual proof absent. |
| C018 |
Generic card agreement offered |
Newby rejected insufficient consumer connection. |
S016; H. |
| C019 |
Invoice/payment assent argued |
Runyan’s actual references/admissions supported assent. |
S018 pp.9–13; H, not universal rule. |
| C020 |
Signature genuinely disputed |
Kenworth supports trial on its evidentiary/preservation record. |
S019 pp.6–11; H. |
| C021 |
Change/opt-out/survival asserted |
Actual terms, notice, version and scope must be established. |
S018; S003§206; I/G. |
| C022 |
Mutuality challenged |
Jorja did not require identical remedies; concurrence is not majority abolition. |
S017 pp.4–10; H. |
| C023 |
Class/public-policy defense used |
Concepcion addresses the particular obstructive state rule, not all defenses. |
S026 at339–352; H. |
| C024 |
Representative authority disputed |
Neutral agency rules remain; arbitration-only authority rule barred. |
S027 pp.4–10; H. |
| C025 |
Cost barrier claimed |
Establish likely actual prohibitive costs; speculation insufficient. |
S029 at89–92; H. |
| C026 |
Arbitrability delegation alleged |
Court default and clear-and-unmistakable test apply. |
S022 at942–947; H. |
| C027 |
Entire contract challenged |
Buckeye’s separability rule differs from no-agreement question. |
S023 at443–449 &fn1; H. |
| C028 |
Arbitration clause challenged |
Identify targeted clause defense and any valid delegation. |
S023–S024; H. |
| C029 |
Delegation invoked |
Prove delegation agreement rather than assume it. |
S022,S024; H/I. |
| C030 |
Delegation itself challenged |
Specific challenge must be addressed at that level. |
S024 at70–74; H. |
| C031 |
Delegated argument seems weak |
No wholly-groundless exception once valid delegation applies. |
S025 pp.3–8; H. |
| C032 |
Two contracts conflict |
Court decides antecedent governing-contract question under Suski. |
S033 pp.5–8; H. |
| C033 |
Rule incorporation relied on |
HPD depended on actual commercial text and quoted construction rules. |
S020 pp.7–12; H. |
| C034 |
Current provider page substituted |
Exact incorporated dated rule body remains necessary and held. |
S020,S038; G. |
J2. Parties, procedure, waiver, and stays
| Claim ID |
Actor/stage/predicate |
Required step or consequence |
Source/pinpoint; type/limit |
| C035 |
Assignee seeks enforcement |
Establish transferred contractual right and this agreement/account. |
S013; S016; T/I. |
| C036 |
Nonsignatory invokes arbitration |
Traditional state-law theory may apply, but elements must be proved. |
S028 at629–632; H. |
| C037 |
Servicer/affiliate invokes clause |
Actual authority/theory, not label, required. |
S028; I/G. |
| C038 |
Assignment affects defenses |
Applicable defense-preservation language remains relevant. |
S013§105(b)(3); T, full assignment law held. |
| C039 |
Arbitration result generalized |
Agreement validity does not decide debt title/amount/merits. |
S003§207(d); T/I. |
| C040 |
State judicial relief requested |
Motion and appropriate initial/subsequent notice/service. |
S003§205; T. |
| C041 |
Agreement/refusal disputed |
Court summarily decides under §207; no compulsion without enforceable agreement. |
S003§207(a)–(d); T. |
| C042 |
Federal §4 petitioner |
Establish aggrievement, refusal, agreement, jurisdiction and forum predicates. |
S009§4; T. |
| C043 |
§4 notice given |
At least five days’ written notice through specified procedure. |
S009§4; S015Rule81; T, no live calendar. |
| C044 |
Genuine §4 issue raised |
Trial/jury route has statutory party and demand conditions. |
S009§4; S019; T/H. |
| C045 |
State stay requested/compulsion ordered |
Apply §207(f) and(g), including severability conditions. |
S003§207; T. |
| C046 |
Federal §3 stay requested |
Smith requires stay rather than dismissal solely for arbitrability. |
S009§3; S031; T/H. |
| C047 |
Court arbitrability question pending |
Arbitration may proceed under §206(d) unless court orders otherwise. |
S003§206(d); T. |
| C048 |
Provisional relief needed |
§208 predicates and nonwaiver qualification apply. |
S003§208; T. |
| C049 |
Appointment mechanism fails |
Apply agreed/statutory appointment route and actual conditions. |
S009§5; S004§211; T. |
| C050 |
Neutrality/disclosure questioned |
Apply continuing disclosure and objection/vacatur provisions. |
S004§212; T. |
| C051 |
Litigation waiver alleged |
No arbitration-specific prejudice requirement under Morgan. |
S030 pp.4–7; H. |
| C052 |
Arkansas follow-on invoked |
Westlake expressly considered Morgan and distinguished prejudice issue. |
S021 pp.16–18; H. |
| C053 |
Contract reserves court remedy |
Jorja/Westlake are fact- and contract-specific, not universal immunity. |
S017,S021; H/I. |
| C054 |
Motion or delay occurs |
No fixed waiver deadline or universal clock suspension established. |
S030,S003; I/G. |
| C055 |
Federal appeal proposed |
Apply §16’s actual adverse-order/final/interlocutory categories. |
S011§16; T. |
| C056 |
Qualifying federal denial appeal |
Bielski supplies federal pending-appeal stay. |
S032; H, state application not assumed. |
| C057 |
State arbitration order appealed |
Apply §228 and Appellate2(a)(12). |
S007§228; S014; T. |
| C058 |
State automatic appellate stay claimed |
No universal state rule established from Bielski. |
S032/S014; G. |
J3. Arbitration process and award review
| Claim ID |
Actor/stage/predicate |
Required step or consequence |
Source/pinpoint; type/limit |
| C059 |
Arbitration initiated |
Record notice, agreed/default method and controversy/remedy content. |
S003§209; S002§202; T. |
| C060 |
Hearing/summary disposition |
Apply notice, reasonable response, evidence and hearing rights. |
S004§215; T. |
| C061 |
Party wants counsel |
§216 and nonwaiver framework apply. |
S004§216; S002§204; T. |
| C062 |
Award rendered |
Signed/authenticated record, notice and timing requirements. |
S005§219; T. |
| C063 |
Reasoned basis requested |
Timely pre-notice request triggers §221(e). |
S005§221(e); T. |
| C064 |
Damages/fees/costs awarded |
Establish statute/agreement/evidentiary predicates. |
S005§221; S006§225; T. |
| C065 |
Consumer provider fee claimed |
Exact incorporated schedule and actual cost facts not established. |
S029,S038; G. |
| C066 |
Arbitrator correction sought |
Twenty-day motion/notice and ten-day objection routes, specific grounds. |
S005§220; T. |
| C067 |
State confirmation requested |
Shall confirm subject to statutory exceptions; no express §222 filing limit. |
S006§222; T, not perpetual-time finding. |
| C068 |
State vacatur sought |
Establish one of six §223(a) grounds. |
S006§223(a); T. |
| C069 |
No agreement/improper notice alleged |
Apply actual participation/objection and prejudice qualifications. |
S006§223(a)(5)–(6); T. |
| C070 |
State ordinary vacatur motion |
File within90days from specified receipt event. |
S006§223(b); T. |
| C071 |
State procurement fraud/corruption alleged |
Discovery/reasonable-care ninety-day trigger applies on its predicates. |
S006§223(b); T. |
| C072 |
State modification sought |
Ninety-day receipt-based motion; three limited grounds. |
S006§224; T. |
| C073 |
State award vacated |
Rehearing availability and different-arbitrator conditions apply. |
S006§223(c)–(d); T. |
| C074 |
Court enters state judgment |
§225 applies; costs/fees require their conditions. |
S006§225; T. |
| C075 |
FAA confirmation sought |
§9 agreement, court, one-year text and statutory-exception predicates. |
S010§9; T, beyond-year consequence held. |
| C076 |
FAA award motion served |
Apply actual §9/12 notice text and governing procedural interpretation. |
S010; S015; T/G. |
| C077 |
FAA award challenged |
§10 grounds, not generic dissatisfaction. |
S010§10(a); T. |
| C078 |
FAA correction requested |
§11’s three limited grounds. |
S010§11; T. |
| C079 |
FAA vacatur/correction notice |
Serve within three months after filed/delivered event. |
S010§12; T, not90days. |
| C080 |
FAA judgment entered |
§13 required papers and judgment effect apply. |
S010§13; T. |
| C081 |
Expanded legal-error review requested |
HallStreet limits the FAA expedited route. |
S036 at584–592; H. |
| C082 |
Manifest disregard asserted independently |
MedicineShoppe rejects it as extra FAA ground. |
S037 pp.4–6; H. |
| C083 |
Participation/notice used as waiver |
Apply specific statute; no universal all-issue waiver. |
S003§209; S004§215; S006§223; T/I. |
| C084 |
Award issued or funds held |
Not automatically levy, payment or new lawful fee/interest entitlement. |
S006§225; S010§13; I/G. |
| C085 |
Reconsideration/corrected award/tolling |
Qualifying modified award differs from any request; equitable issues held. |
S005§220; S006§223–224; S010§12; T/G. |
J4. Computation, models, and retained limits
| Claim ID |
Predicate |
Consequence |
Source/pinpoint; type/limit |
| C086 |
Court period computed |
Apply actual governing computation rule; do not add service days indiscriminately. |
S014Rule6; S015Rule6(a),81(a)(6); T. |
| C087 |
FAA procedure applied in state court |
Badgerow preserves a qualification; selected Arkansas cases do not settle every procedural issue. |
S034 fn2; S019; H/G. |
| C088 |
Consumer/business label used |
Neither label alone decides all arbitration predicates. |
S002–S009; T/I. |
| C089 |
Waiver/defense finding requested |
Actual facts and proper challenge target remain necessary. |
S022–S030; G. |
| C090 |
Complete treatment claimed |
No full citator or absence-of-authority certificate. |
Case register; G. |
| C091 |
Current statute/rule certified |
Selected enactment and reproductions leave integrated-chain gaps. |
S001–S015,S039; G. |
| C092 |
Electronic-compliance conclusion |
Narrow recognition reading is not full agreement/E-SIGN certification. |
S008§230; S012; G. |
| C093 |
M01 applied |
Authenticity/version/delegation branches remain conditional. |
M01; C014–C032; C. |
| C094 |
M02 applied |
Transfer price, actual credit and enforcement rights separated. |
M02; C035–C039; C. |
| C095 |
M03 applied |
No fixed waiver deadline; requested federal/state stay routes distinguished. |
M03; C045–C058; C. |
| C096 |
M04 applied |
Ninety days, three months, service, filing and cash credit remain distinct. |
M04; C066–C087; C. |
| C097 |
Special statutory exception invoked |
Chapter4 election/timing/court decision and other sector predicates required. |
S011§§401–402; T/G. |
| C098 |
Local/tribal/foreign application |
Particular law, forum and facts remain unresearched. |
Scope; G. |
| C099 |
Costs assumed zero or capped |
No complete government/provider cost schedule verified. |
S038; G. |
| C100 |
Earlier scope cited |
Broad reviewed remainder authorizes this focus, not prior arbitration acceptance. |
Supplied scope; G. |
K. Granular coverage and remaining investigations
K1. Core coverage — 30 rows
| Row |
Requested issue |
Resolved portion / claims |
Exact remaining evidence or action |
| K01 |
State act and transition |
Act695 and current displayed structure; C001–C003 |
Complete official integrated Code and commencement/recodification chain. |
| K02 |
State exclusions |
Three categories read; C003 |
Actual facts and governing federal preemption, especially insurance. |
| K03 |
FAA coverage |
Writing/commerce and exceptions; C004–C007 |
Actual transaction and agreement. |
| K04 |
Federal jurisdiction |
Badgerow/Jules distinctions; C008–C011 |
Actual pending case, jurisdictional allegations and court status. |
| K05 |
State court/venue |
§§205/207/226/227; C012,C040–C041 |
Actual court competence and county predicates. |
| K06 |
Formation elements/burden |
Newby/Jorja and statutory showing |
Actual terms, parties, consideration, assent and authority. |
| K07 |
Electronic assent/version |
UETA and contrasting cases; C016–C020 |
Actual archive, attribution, presentation and access. |
| K08 |
Modification/opt-out/survival |
Contract-specific inquiry; C021 |
Actual clause, notices, event and effective version. |
| K09 |
Neutral defenses/mutuality |
Federal/state holdings; C022–C025 |
Specific defense and actual evidentiary record. |
| K10 |
Cost/access barrier |
GreenTree burden; C025,C065 |
Applicable fee schedule, likely costs and available waivers. |
| K11 |
Formation versus whole-contract validity |
FirstOptions/Buckeye; C026–C028 |
Correct challenge and actual agreement evidence. |
| K12 |
Delegation-specific challenge |
Rent-A-Center/Schein; C029–C031 |
Actual delegation text and targeted defense. |
| K13 |
Conflicting contracts |
Suski; C032 |
Versions, integration, supersession and actual choice-of-law facts. |
| K14 |
Institutional incorporation |
HPD read; C033–C034 |
Exact incorporated dated rules and consumer-context construction. |
| K15 |
Assignee rights |
Statutory boundary and Newby; C035 |
Actual transfer, account inclusion and transferred right. |
| K16 |
Nonsignatory/servicer |
Carlisle framework; C036–C038 |
Specific state-law theory and authority evidence. |
| K17 |
Motion/notice/service |
State205/207 and FAA4/6; C040–C044 |
Actual case posture and compliant notice/service. |
| K18 |
Formation hearing/trial |
FAA4/Kenworth; C044 |
Genuine dispute, proof, jury demand and preservation. |
| K19 |
Stay pending decision/compulsion |
§§206–208/Smith; C045–C048 |
Actual motion, predicates and order. |
| K20 |
Appointment/disclosure |
FAA5/state211–212; C049–C050 |
Actual selection failure, neutrality and disclosures. |
| K21 |
Waiver after Morgan |
Morgan/Westlake; C051–C054 |
Actual litigation conduct and governing framework. |
| K22 |
Federal/state appeals |
§16/§228/Bielski; C055–C058 |
Actual appeal category, finality, timeliness and state stay authority. |
| K23 |
Arbitral notice/hearing |
§§209/215/216; C059–C061 |
Actual initiation, hearing and objections. |
| K24 |
Award/remedies/costs |
§§219/221; C062–C065 |
Actual signed award, request, law/agreement and provider rules. |
| K25 |
Arbitrator correction |
§220; C066 |
Actual notice, motion, grounds and applicable internal computation. |
| K26 |
State confirmation/vacatur/modification |
§§222–225; C067–C074 |
Actual receipt, ground, prejudice, participation and filing. |
| K27 |
FAA award route |
§§9–13; C075–C080 |
Actual jurisdiction, agreement, service and filed/delivered trigger. |
| K28 |
Review standard |
HallStreet/MedicineShoppe; C081–C082 |
Actual statutory ground; full later treatment. |
| K29 |
Timing/tolling/award judgment |
Distinctions preserved; C083–C087 |
Local service, equitable issues, corrected award and actual order. |
| K30 |
Actual permission/merits |
Boundaries preserved; C039,C084,C088–C100 |
No actual agreement, debt, status, award or payment facts supplied. |
K2. Workflow coverage — 10 rows
| Row |
Actor/event |
Supported step |
Remaining facts |
| W01 |
Party identifies regime |
Date, commerce, state transition and exclusion analysis. |
Actual agreement and transaction. |
| W02 |
Proponent establishes agreement |
Connect terms/version to assent and authority. |
Authentic records and competing evidence. |
| W03 |
Party identifies challenge |
Separate formation, whole contract, clause and delegation. |
Exact pleading/argument and evidence. |
| W04 |
Assignee/nonsignatory invokes right |
Prove transfer or applicable theory. |
Actual chain and authority. |
| W05 |
Court receives motion |
Correct court, notice, service and showing. |
Actual jurisdiction and pending case. |
| W06 |
Court resolves disputed formation |
Applicable hearing/trial and preservation. |
Actual genuine issue and demand. |
| W07 |
Stay/appeal considered |
Apply federal or state route, not both by assumption. |
Actual order and appeal predicates. |
| W08 |
Arbitration proceeds |
Proper notice, appointment, disclosure and hearing. |
Actual provider rules and events. |
| W09 |
Award challenged or confirmed |
Correct ground, event, unit, filing/service and court. |
Actual award, receipt and jurisdiction. |
| W10 |
Judgment/payment follows |
Separate award, judgment and actual credit. |
Actual lawful order and remittance. |
K3. Currentness and source gaps — 8 rows
| Row |
Authority family |
Status |
Exact next evidence |
| Q01 |
Act695/current Code |
Official act plus dated mirrors |
Complete current official §§201–233 and recodification chain. |
| Q02 |
Transition date |
July27,2011 codified date read |
Primary general commencement evidence if date is disputed. |
| Q03 |
FAA current text |
OLRC through October15,2026 |
Any material later enactment; actual special-sector predicates. |
| Q04 |
State procedural rules |
Reproductions and current cases |
Official consolidated rules and local service/filing/stay requirements. |
| Q05 |
Federal procedure |
Official December2025 compilation |
Applicable later amendments/local rules and actual court calendar. |
| Q06 |
Provider rules/fees |
Generic pages only |
Exact incorporated dated rules and operative fee/waiver schedule. |
| Q07 |
Cases |
Twenty-two material published opinions |
Complete current citator and responsive later applications. |
| Q08 |
Award edge cases |
Statutory text and controlling review cases |
Jurisdiction-specific beyond-one-year, tolling, service and corrected-award construction. |
K4. Models — 4 rows
| Row |
Completed analysis |
Remaining legal predicates |
| M01 |
Online version/assent/delegation alternatives |
Authentic actual record and correct challenge target. |
| M02 |
Transfer/servicer rights and principal credit |
Actual assignment, authority and contract scope. |
| M03 |
Litigation conduct, requested stay and appeal |
Actual waiver evidence, court jurisdiction and orders. |
| M04 |
Months/days, filing/service and payment |
Actual trigger, method, ground, court and applicable calendar. |
K5. Additional holds — 8 rows
| Hold |
Exact unresolved matter |
| H01 |
Actual agreement/version, assent, capacity, authority and transaction purpose. |
| H02 |
Actual opt-out, modification, survival and conflicting-contract effect. |
| H03 |
Exact delegation, incorporated provider rule and challenge-specific defense. |
| H04 |
Actual assignee/nonsignatory/servicer rights and account connection. |
| H05 |
Actual costs, allocation, access barriers and provider waiver procedures. |
| H06 |
Actual litigation conduct, stay request, court order and appeal category. |
| H07 |
Actual award, notice, delivery, participation, ground and service evidence. |
| H08 |
Complete later-law/citator, local-calendar, equitable and jurisdictional treatment. |
K6. Territorial and actual-record holds — 6 rows
| Row |
Area |
Remaining inquiry |
| T01 |
Arkansas counties/court divisions |
Actual competent court, county and adopted local procedure. No county-practice inventory supplied. |
| T02 |
Interstate agreement |
Choice of law, commerce, forum and party contacts. |
| T03 |
Foreign arbitration |
FAA Chapters2/3, treaty, seat, service and enforcement. |
| T04 |
Tribal nexus |
Sovereign law, jurisdiction, immunity and actual contracting authority. |
| T05 |
Federal/state interaction |
Proper jurisdiction and procedural regime at each stage. |
| T06 |
Actual records/status |
No private agreement, account, payment, award, docket or credential examined. |
K7. Deferred families — 9 rows
| Row |
Family |
Remaining scope |
| D01 |
Provider/CSO/CROA/licensing/fees |
No permission or prior-pass conclusion adopted. |
| D02 |
Collection communications/validation |
Separate conduct and disclosure analysis. |
| D03 |
Full debt ownership/merits/evidence |
Only necessary enforcement-right distinction addressed. |
| D04 |
General venue/service/default/vacatur |
No general civil-procedure dossier or live response deadline. |
| D05 |
Limitations/revival/judgment interest |
No clock, rate or renewal conclusion imported. |
| D06 |
Wage/bank/property/homestead |
No enforcement/exemption investigation. |
| D07 |
Secured/military/insurance/bankruptcy sectors |
Boundaries only; full special regimes held. |
| D08 |
Full arbitration administration/remedies |
Detailed discovery, class procedure, damages, sanctions and complete provider policies deferred. |
| D09 |
State/parent acceptance |
All broader local, tribal, contract and parent requirements remain open. |
K8. Separate scope crosswalk — 3 rows
| Documented foundation |
PASS-14 contribution |
What is not accepted |
| Reviewed PASS-01 preserves contracts, funds, bonds, remedies, limitations, secured-sector, local and tribal gaps; agreements and civil-remedies work remained open. |
Narrows that broad remainder to this arbitration gateway. |
No invented earlier exact arbitration row. |
| Authorized Arkansas parent expressly requires arbitration within the litigation/judgment dimension. |
Supplies formation, delegation, transfer, enforcement, waiver, stay, award and appeal distinctions. |
Not acceptance of the entire court/contract dimension. |
| Separate scoped prior reviews and saved unreviewed passes |
Preserves their raw provenance without importing their legal conclusions. |
No full-state, parent, A066, A097 or A098 acceptance. |
L. Researcher self-check
The principal current developments and distinctions verified here are:
- The 2026 Arkansas signature-dispute decision, with its evidence and preservation limits.
- Arkansas’s 2024 discussion of Morgan, rather than an obsolete universal prejudice prerequisite.
- Smith’s requested-stay rule and the separation of federal and state appellate stays.
- Jules’s May 2026 jurisdiction holding, distinguished from freestanding Badgerow applications.
- The separate ninety-day filing, three-month service, and arbitrator-correction mechanisms.
- The unresolved exact provider-rule and fee-schedule evidence, rather than a fabricated consumer cap or incorporation conclusion.
Counts: 39 source/access groups; 100 atomic claims; 22 published-case entries—6 Arkansas, 15 U.S. Supreme Court, and 1 Eighth Circuit; 4 worked models; 12 additional fictional postures; 30 core-coverage rows; 10 workflow rows; 8 currentness rows; 4 model rows; 8 additional holds; 6 territorial/actual-record rows; 9 deferred-family rows; and 3 separate scope-crosswalk rows. Repeated URLs, grouped sections, and overlapping hold summaries are not counted as independent corroborating authorities or accepted coverage.
No independent review, unseen model verification, local write, actual assent, filing or collection permission, guaranteed remedy, approved clause/template, publication authority, operational readiness, or full-state/parent acceptance is asserted.
END S_AR PASS-14.