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Back to Scotus's Schein : A Separability Analysis that Resolves the Problem with the Fifth Circuit's Remand
Author(s) -
Loree Philip J.
Publication year - 2019
Publication title -
alternatives to the high cost of litigation
Language(s) - English
Resource type - Journals
eISSN - 1549-4381
pISSN - 1549-4373
DOI - 10.1002/alt.21808
Subject(s) - remand (court procedure) , law , philosophy , epistemology , political science , supreme court
Contracting parties are presumed not to agree to arbitrate arbitrability questions. But if they clearly and unmistakably agree to arbitrate arbitrability, then courts are supposed to enforce that agreement.