The U.S. Supreme Court Opines On Arbitrability

In the United States, parties may agree in their contract not only to submit future disputes to arbitration but to also submit "arbitrability" questions to an arbitrator.  In practice, such delegation (if properly made) means that the tribunal, instead of the court, would decide not only the merits of the parties' dispute but also the threshold arbitrability questions that may arise, such as whether the parties have agreed to arbitrate or whether their arbitration agreement applies to and covers the particular dispute between the parties. 

Thus, for example, the parties' arbitration clause may provide that any dispute arising under the parties' contract, except for actions seeking injunctive relief, shall be resolved by binding arbitration.  One party initiates an action in court arguing that the dispute is the type carved out of the arbitration clause, while the other party moves to compel arbitration arguing that the dispute falls under the arbitration clause.  Does