## Facts

- Dr. LeGrand P. Belnap, a surgeon with privileges at Salt Lake Regional Medical Center (SLRMC), entered a Management Services Agreement with SLRMC to provide consulting services for development of a specialized surgical program.
- The Agreement required informal dispute resolution, then mediation, and then arbitration under JAMS (or a similar provider) rules.
- The JAMS rules incorporated by reference authorized the arbitrator to decide jurisdictional questions, including arbitrability.
- SLRMC’s executive committee suspended Belnap’s clinical privileges based on sexual-harassment allegations; a later committee reversed the suspension, and SLRMC vacated the discipline.
- Belnap alleged SLRMC reported the suspension to third parties and failed to correct those reports after the suspension was rescinded.
- Belnap sued SLRMC, alleged parent Iasis Healthcare, and several individual physicians/administrators, asserting tort and contract claims tied to the suspension, investigation, and reporting.
- Defendants moved to stay the case and compel arbitration; the district court compelled arbitration for only one claim against SLRMC, denied arbitration for the remaining SLRMC claims, and denied arbitration for the non-signatories.

## Issues

1. Whether incorporating JAMS rules constituted “clear and unmistakable” evidence that the parties delegated questions of arbitrability to the arbitrator.
2. If arbitrability was delegated, whether the court was required to compel arbitration of all claims against SLRMC, leaving scope questions to the arbitrator.
3. Whether non-signatory defendants could compel arbitration under Utah contract doctrines (e.g., equitable estoppel, agency, third-party beneficiary).

## Decision

- The Tenth Circuit affirmed in part, reversed in part, and remanded.
- The court held that incorporating JAMS rules clearly and unmistakably delegated arbitrability to the arbitrator.
- The court reversed the denial of arbitration as to the remaining claims against SLRMC and remanded with instructions to compel all Belnap’s claims against SLRMC to arbitration.
- The court affirmed denial of the motion to compel arbitration by non-signatory defendants because they failed to satisfy Utah-law theories permitting non-signatories to enforce an arbitration agreement.

## Legal Principles

- Parties clearly and unmistakably delegate arbitrability when their arbitration clause incorporates institutional rules that grant the arbitrator authority to decide jurisdiction and arbitrability.
- When a valid delegation exists, courts must enforce it by compelling arbitration between the signatories and may not decide claim-by-claim scope questions reserved to the arbitrator.
- Non-signatories may compel arbitration only if they satisfy applicable state-law doctrines (including equitable estoppel, agency, or third-party beneficiary); corporate affiliation or participation in the underlying dispute is insufficient without a recognized doctrinal basis.

## Conclusion

The court required arbitration of all claims between Belnap and SLRMC because the Agreement’s incorporation of JAMS rules delegated arbitrability to the arbitrator, but it refused to extend the arbitration clause to Iasis and the individual defendants because they did not qualify to enforce it under Utah law.


Belnap v. Iasis Healthcare, 844 F.3d 1272 (10th Cir. 2017)