Arbitration, Delegation, Arbitrability, FAA: Despite Delegation Clause, Court Decides Whether Transportation Worker’s Contract Falls Within FAA’s Ambit
This Is One Of Those Rare Cases In Which A Delegation Clause Is Not Enforced. Generally, a court will decide arbitrability of a dispute unless that issue is clearly and unmistakably delegated to an arbitrator, as was the case here. But there are exceptions, and New Prime Inc. v. Oliveira (S. Ct. 1/15/19) […]