Implications Of The Rent-A-Center Decision

Law360, New York (August 4, 2010, 12:35 PM EDT) -- Reading the U.S. Supreme Court’s recent Rent-A-Center decision is a little like studying for the LSAT. The court essentially asked the question whether the parties agreed to arbitrate about whether the parties agreed to arbitrate. And who gets to decide this — the court or the arbitrator?

The starting point for reading the court’s decision is to distinguish between an arbitration clause on one hand and a delegation clause on the other. An arbitration clause, for example, might provide that all disputes arising out of an...
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