Supreme Court Reverses WV Supreme Court Decision on Delegation of Issue to Arbitrator
Whether the FAA requires enforcement of an express agreement to delegate to the arbitrator all issues regarding “arbitrability” when the party opposing arbitration has not specifically challenged the delegation provision itself.
In its brief, the U.S. Chamber urged the U.S. Supreme Court to review the decision of the Supreme Court of Appeals of West Virginia that refused to enforce an agreement delegating threshold questions of enforceability to an arbitrator. The Chamber’s brief argues that the West Virginia court’s decision is flatly contrary to recent Supreme Court precedent. The brief further argues that summary reversal is warranted given the West Virginia Supreme Court’s repeated intransigence in refusing to follow the U.S. Supreme Court’s arbitration decisions.
The Supreme Court vacated the judgment and remanded the case to the Supreme Court of Appeals of West Virginia for further consideration in light of DIRECTV, Inc. v. Imburgia.
U.S. Chamber amicus brief filed 10/15/2015 in support of certiorari.
Petition granted and decided 3/1/2016.