#85: Who Decides Arbitrability?
NH Construction Law
JANUARY 12, 2020
A clear and unmistakable delegation clause is enforceable even where a party sues on a claim that is obviously not within the scope of what was agreed to be arbitrable; the opposing party can still invoke the delegation clause to insist that the arbitrator, not the court, decide its arbitrability. Hoyle, Tanner & Associates, Inc.
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