The US Supreme Court in the case of Nitro-Lift Technologies LLC v Eddie Lee Howard et al on November 26th confirmed and enforced the rule originally declared in Prima Paint Corp v Flood & Conklin Mfg Co, Buckeye Check Cashing Inc v Cardegna, and Southland Corp v Keating that when parties commit to arbitrate contractual disputes, it is a mainstay of the Act's ( the FAA) substantive law that attacks on the validity of the the contract, as distinct from attachks ont he validity of the arbitration clause itself, are to be resolved by the arbitrator in the first instance and not be a federal or state court. An arbitration provision is severable from the remainder of the contract and its validity is subject to initial court determination, but the remainder of the contract ( if the arbitration clause is valid) is for the arbitrator to decide. This will put the exclamation point on the extent of an arbitrators authority to decide arbitability questions.
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