Arbitration In The Courts

Arbitrating The Arbitrability Of Arbitrability?

Supreme Court holds that court decides whether subsequent forum selection clause supersedes an arbitration agreement, even if the arbitration agreement delegates arbitrability questions to the arbitrators.

Coinbase, Inc. v. Suski, 144 S.Ct. 1186 (2024).

The Supreme Court has long held that whether a dispute falls within the scope of the parties' arbitration agreement, an issue often termed "arbitrability," is a gateway question that is presumptively for the court, rather than the arbitrators, to decide. However, it is equally well-established that courts will enforce "delegation clauses" reflecting the parties' "clear and unmistakable" intention to arbitrate the arbitrability question itself.