Who Decides If A Dispute Is Subject To Arbitration?

Florida Supreme Court: Adopting Arbitration Rules That Empower Arbitrators to Decide Arbitrability Constitutes "Clear and Unmistakable" Evidence of Agreement to Delegate

Highlights

• The Florida Supreme Court on March 31, 2022, found that the incorporation by reference of the American Arbitration Association (AAA) arbitration rules in Airbnb's Terms of Service constitutes clear and unmistakable evidence of the parties' intent to delegate questions of arbitrability away from the court and to the arbitrator.
• This decision shows the importance of paying careful attention to the language of arbitration agreements to ensure they reflect the true intent of the parties and avoid issues by specifying key points in the agreements.