McNeer v. Thomson McKinnon Securities, Inc.

MEMORANDUM AND ORDER

This matter is before the court on the motion of defendant Thomson McKinnon Securities, Inc. for reconsideration of this court’s Memorandum an Order of January 31, 1990 denying defendant’s motion to compel arbitration in the above-captioned matter. 729 F.Supp. 1306.

Upon consideration of defendant’s arguments, the court declines to reconsider its previous ruling; thus, the court will not *1022issue an order compelling arbitration for the reasons stated in its January 31, 1990 Memorandum and Order. The court acknowledges defendant’s position that the arbitration clause contained in its customer agreements could be interpreted to mean that arbitration of all disputes is mandatory. Because of the placement of the modifying clause “at our election,” the court finds, however, that the arbitration clause is susceptible to at least one other interpretation, i.e,, that disputes shall be arbitrated at either the customer’s election or the customer’s and defendant’s mutual election. The court also notes that ambiguities in contract language are to be construed against the drafter, in this case, defendant Thomson McKinnon. See, e.g., Helitzer v. Helitzer, 761 F.2d 582, 589 (10th Cir. 1985). Because of the ambiguity in the drafting of the arbitration clause, the court cannot find that the parties agreed to arbitrate their disputes. In the absence of such an agreement, the court will not issue an order compelling arbitration.1

IT IS BY THE COURT THEREFORE ORDERED that the motion of defendant Thomson McKinnon Securities, Inc. for reconsideration of this court’s January 31, 1990 Memorandum and Order is denied.