Coinbase Inc. v. Suski: Arbitrability In The Context Of Conflicting Agreements – Who Decides?

In Coinbase Inc. v. Suski et al, the United States Supreme Court considered the interesting scenario of two parties having entered into multiple contracts dictating conflicting modes of dispute resolution such that it is unclear which agreement governs on this issue. The Court concluded that in such circumstances, a court – not an arbitrator – must first decide which contract applies, and therefore which mode of dispute resolution governs.¹ Given that many Canadian parties also do business in the United States, Coinbase will accordingly be of interest to Canadian readers notwithstanding that it is premised upon an underlying arbitral framework much different from that seen in Canada with respect to similar issues.