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    Home /  Insights /  Memos, Newsletters And Alerts /  Memo
    S&C Memos

    Supreme Court Rules Courts, Not Arbitrators, Must Decide Between Contracts Conflicting on Arbitration

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    • Related Practices
    May 29, 2024

    Parties can agree to send a dispute to arbitration, and can also agree to delegate to an arbitrator the power to decide the threshold issue of whether a given dispute is subject to arbitration (i.e., its “arbitrability”). But what happens if parties have contracts that conflict over the answer of who decides those arbitrability disputes? On May 23, 2024, the U.S. Supreme Court released its opinion in Coinbase, Inc. v. Suski, clarifying that where parties formed two contracts—one sending arbitrability disputes to arbitration and the other sending all disputes to the courts—a court, not an arbitrator, must decide which contract governs in the first instance. The decision has implications for parties who enter a series of agreements that could arguably call for differing results on what disputes go to arbitration.

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