Whether The Court Or The Arbitrator Determines The Existence Of An Arbitration Agreement

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In 2019, the United States Supreme Court concluded that the “wholly groundless” exception employed by the Fifth Circuit and some other Courts of Appeals was inconsistent with the text of the Federal Arbitration Act and with Supreme Court precedent.1 The “wholly groundless” exception allowed the court, rather than an arbitrator, to decide the threshold question of whether the parties’ arbitration agreement applied to a particular dispute, if the argument that the arbitration agreement applied to the particular dispute was “wholly groundless.”2

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