Tag Archives: Presumption of arbitrability

Agreement to Arbitrate Does Not Apply Retroactively to Bar Pending Case

  Against a recent spate of proarbitration decisions reported on here, here and here, the Sixth Circuit has now bucked that trend, refusing to apply retroactively an agreement to arbitrate to bar pending claims where the language used in the arbitration agreement indicates an intent to “head off future lawsuits, not to cut off existing ones.”  … Continue Reading

Sixth Circuit Applies Arbitrability Presumption to Question of Who May Arbitrate

The federal courts of appeals and other courts have been split on whether the presumption favoring arbitrability applies to questions about who may enforce (or is bound by) an agreement to arbitrate.  Some courts treat all such questions as contract formation issues to which the presumption does not apply.  Others treat such questions as matters … Continue Reading