Daniel Winston and John CalhounMarch 8, 2018, 3:28 PM EST
Law360 (March 8, 2018, 3:28 PM EST) -- In its famous 2011 decision in AT&T Mobility v. Concepcion, the Supreme Court noted that the Federal Arbitration Act (FAA) contains a presumption in favor of arbitration whenever a contract includes an arbitration clause. This holding has raised important questions. Does the presumption require arbitration whenever the relevant arbitration clause itself is vague or ambiguous? In such cases, does the presumption in favor of arbitration automatically apply?
Recently, in Smith v. Altisource Solutions et al., the Sixth Circuit provided some guidance. The court held that a...