Oxford Preparatory Acad. v. Edlighten Learning Solutions

*281 *607 Defendant Edlighten Learning Solutions appeals from the court's order denying its petition to compel arbitration. Defendant entered into three contracts with plaintiff Oxford Preparatory Academy. One of the contracts was a management services agreement containing an arbitration clause. The parties subsequently entered into a termination agreement terminating all rights and obligations under the three contracts with the exception of two payment obligations. Defendant contends the court erred by finding the termination agreement terminated the arbitration clause in the management services agreement. Defendant also claims all of plaintiff's causes of action fall within the scope of the arbitration clause.

We agree the parties did not expressly or impliedly terminate the arbitration clause with respect to disputes over the performance, before the termination date, of their respective contractual obligations. The parties merely divided their respective rights and obligations on a temporal basis - those existing before the termination date and those existing after the termination date. We therefore reverse and remand for the court to decide whether any of plaintiff's causes…