Delegation Clause Sends Personal Injury Claims to Arbitrator, State High Court Rules

“Neither the circuit court nor this court is authorized to resolve these claims, however, because the arbitration agreement—which, on its face, purports to bind him with respect to his personal injury claim—contains a delegation clause in which he agrees to arbitrate threshold matters relating to the ‘scope, arbitrability, or validity’ of the arbitration agreement,” the court said.

       

“Neither the circuit court nor this court is authorized to resolve these claims, however, because the arbitration agreement—which, on its face, purports to bind him with respect to his personal injury claim—contains a delegation clause in which he agrees to arbitrate threshold matters relating to the ‘scope, arbitrability, or validity’ of the arbitration agreement,” the court said.