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United States
Leading Case
who decides arbitrabilityclear and unmistakablestandard
First Options of Chicago, Inc. v. Kaplan
514 U.S. 938 (1995)
Key Principle
Courts decide the 'question of arbitrability' (who decides what) unless there is clear and unmistakable evidence that the parties agreed to submit that gateway question to the arbitrator.
Area of Law
Civil Procedure, Conflicts & Arbitration
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