Does Delegation To Arbitrator Of Arbitrability Issue Need To Occur Even If Arbitration Claim Is Wholly Groundless?
In the April 18, 2018 on-line issue of ScotusBlog, under "Petition of the Day," Aurora Barnes posts:
Issue: Whether the Federal Arbitration Act permits a court to decline to enforce an agreement delegating questions of arbitrability to an arbitrator if the court concludes the claim of arbitrability is 'wholly groundless.'”
The boundaries of the delegation doctrine are being tested by the case.
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