When a contract has an arbitration agreement, all disputed matters under the contract are presumptively subject to determination in arbitration, except a dispute as to whether a matter is subject to arbitration, which is presumptively subject to determination in circuit court. To show that a dispute as to whether a matter is subject to arbitration is presumptively subject to determination in arbitration requires clear and unmistakable evidence. Clear and unmistakable evidence appeared in a contract’s arbitration agreement, which incorporated by reference the rules of a professional association, which expressly provided that an arbiter shall determine the scope of the arbitrator’s own authority, including the “arbitrability of any claim [.]” An order granting arbitration is subject to review by writ of mandamus, not direct appeal. A challenge specific to that incorporation is necessary, in addition to any challenge against the contract as a whole or the arbitration agreement in particular, for relief from that provision.
STATE OF MISSOURI EX REL. SETH SCHERMERHORN, Relator v. THE HONORABLE MICHAEL CORDONNIER, Respondent
Missouri Court of Appeals, Southern District – SD36747
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