Brown v. Delfre

Plaintiff, who played for Chicago Bears, sued Defendants for alleged malfeasance as to $750,000 investments Plaintiff made with Defendants. Parties' arbitration agreement stated that arbitration will be conducted by and according to rule of NASD, but did not name NASD or FINRA as arbitrator, and thus did not specify the arbitral forum that would conduct arbitration. Designation of arbitrator was not integral to agreement, but parties' primary intent was to arbitrate their disputes. Court erred in finding arbitration agreement unenforceable; case remanded to allow arbitration. (BOWMAN and HUTCHINSON, concurring.)