Sixth Circuit Affirms: AAA Rules Require Disputes Over Arbitrability Be Decided in Arbitration
Parties that have agreed to arbitrate certain disputes often disagree about whether a particular claim falls within their agreement to arbitrate, and also about who should make that threshold determination: a court or an arbitrator. The well-established rule is that a court should decide such gateway questions of whether a claim falls within an agreement to arbitrate, absent “clear and unmistakable evidence” that the parties agreed that an arbitrator should do so. E.g., Coinbase, Inc. v. Suski, 602 U.S. 143, 149 (2024). Given that demanding standard, one could be forgiven for assuming that such questions would typically be resolved in court. But that is frequently not the case, as illustrated by the Sixth Circuit’s recent decision in New Heights Farm I, LLC v. Great Am. Ins. Co., No. 24-1087, — F.4th —- (6th Cir. Oct. 15, 2024).Continue Reading Don’t Put the Cart Before the Horse