First Circuit Enforces Delegation Clause In Arbitration Agreement

On March 30, 2021, in Bossé v. New York Life Insurance Co. et al., the First Circuit Court of Appeals issued an important decision upholding the enforceability of an arbitration agreement that delegates the arbitrability of claims to an arbitrator, and not a court.

Background

New York Life Insurance Company (New York Life) hired Ketler Bossé as an agent in 2001. In 2004, Bossé was promoted to become a partner at New York Life and he entered into an employment agreement. The employment agreement contained an arbitration clause stating, in part, that the parties "agree that any dispute, claim or controversy arising between them, including those alleging employment discrimination (including sexual harassment and age and race discrimination) . as well as any dispute as to whether such Claim is arbitrable, shall be resolved by an arbitration proceeding." The employment agreement also provided that the arbitration clause would "survive termination" of the agreement.