Federal Court Says Invocation of AAA’s Rules Subjects Arbitrability Questions to Arbitrator

[Editor's note: Brendan Gooley of Carlton Fields is a litigator who focuses on employment discrimination, education, and insurance matters. He joined the firm after clerking for the U.S. Court of Appeals for the Second Circuit and the Connecticut Supreme Court. Copyright 2019, Brendan Gooley.]

The Southern District of New York declined to decide arbitrability questions after the arbitration agreement at issue incorporated the rules of the American Arbitration Association, which include a rule that arbitrators determine their own jurisdiction. The court also rejected a claim that the defendant waived its right to seek arbitration. It therefore compelled arbitration.

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