US Supreme Court Reverses Fifth Circuit, Gives Arbitrators More Power to Determine Arbitrability

    View Author January 2019

    The Supreme Court of the United States recently reversed a ruling by the Fifth Circuit Court of Appeals and held that a contract’s terms are controlling in determining who has the authority to decide whether a claim is subject to arbitration. In so doing, the Court dispensed with the “wholly groundless” exception to the general rule that courts must enforce contracts that delegate arbitrability determinations to an arbitrator rather than a court, reinforcing its adherence to the express terms of arbitration agreements.