Ala. Supreme Court Stance On Arbitrability

Law360, New York (October 19, 2009, 2:32 PM EDT) -- The Alabama Supreme Court recently held that the arbitrator, not the court, is to determine whether conditions precedent have been met prior to the invocation of an arbitration provision.

In Brasfield & Gorrie LLC v. Soho Partners LLC, 2009 WL 2573919 (Ala., Aug. 21, 2009), the court made a clear distinction between “substantive arbitrability” and “procedural arbitrability.”

Courts are required to determine matters of “substantive arbitrability,” including whether a valid agreement to arbitrate exists and whether the specific dispute falls within the scope of that agreement....
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