Applied Underwriters Asks High Court to Review 4th Circuit’s Arbitrability Ruling

WASHINGTON, D.C. — Applied Underwriters Captive Risk Insurance Company Inc. has asked the U.S. Supreme Court to determine whether a court, rather than an arbitrator, must hear a challenge to an arbitration agreement that includes a delegation provision which calls for arbitration of questions of arbitrability.

AUCRA petitioned the high court for certiorari on Nov. 7, challenging the 4th Circuit U.S. Court of Appeals’ determination that, pursuant to Rent-A-Center West, Inc. v. Jackson, “if a party challenges the validity under Section 2 of the Federal Arbitration Agreement of the precise agreement to arbitrate at issue, the federal court must consider …