Legal Memorandum: Standard for an Agreement to Arbitrate

Issue: What is the standard for finding an agreement to arbitrate?

Area of Law: Alternative Dispute Resolution, Litigation & Procedure
Keywords: Agreement to arbitrate; Standards; Clear and unmistakable evidence
Jurisdiction: Federal
Cited Cases: 514 U.S. 938
Cited Statutes: None
Date: 05/01/2005

“Courts should not assume that the parties agreed to arbitrate arbitrability unless there is ‘clear and unmistakable’ evidence that they did so.”  First Options of Chicago, Inc. v. Kaplan, 514 U.S. 938, 944 (quoting AT & T Techs. v. Communications Workers of Am., 475 U.S. at 643, 649 (1986)).


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