The Supreme Court ruled that an arbitrator may not always be vested with the authority to make the decision as to arbitrability in Coinbase v. Suski. The court held that when there are conflicting agreements regarding the arbitrability of a dispute, it is solely a question for the judiciary to determine which agreement applies. Judge Jose Linares and Mark Makhail discuss how this decision will impact the landscape of ADR and what parties should do to ensure that arbitration matters remain in arbitration.
8.20.2024