Ala. High Court Finds Issue of Arbitrability is for Arbitrators to Decide

[Editor's note: Rachel J. Schwartz of Carlton Fields in New York represents property and casualty insurance industry clients in litigation, and counsels them on varied coverage matters, including coverage disputes arising under Commercial General Liability and Directors & Officer policies.]

MOBILE, Ala. - A group of customers appealed the denial of a motion to compel arbitration and a declaratory judgment entered in an action brought by three internet providers.

The customers subscribed to internet service in Georgia and Alabama through the internet providers, which was governed by a terms of service agreement. The customers claimed that the internet service …