Topic: expressly delegate arbitrability questions to the arbitrato… · Go Syfert
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Topic #18306

7 canonical passages across 6 cases, quoted by 22 opinions in total. These passages cluster together because the same opinions keep quoting them side by side — they state parts of one doctrine. The anchor passage is from Simply Wireless, Inc. v. T-Mobile US, Inc..

#Case FlagCanonical passage Citers
1 Simply Wireless, Inc. v. T-Mobile US, Inc. Anchor
ca4 · 2017
green “expressly delegate arbitrability questions to the arbitrator,” 4
2 Darlene Gibbs v. Sequoia Capital Operations
ca4 · 2020
green “because the challenge to the delegation provision necessarily encompassed and included arguments that related to the entire arbitration agreement, the district court did not err by assessing those arguments.” 4
3 Holloman v. Circuit City Stores, Inc.
md · 2006
green “adequate to create a binding obligation on circuit city to submit to arbitration, such that circuit city's promise to arbitrate under the arbitration agreement constitutes consideration.” 3
4 Peabody Holding Co. v. United Mine Workers of America
ca4 · 2012
green “where a contract commits to arbitration those matters 'arising under' the agreement, we may not submit questions of contract formation to the arbitrator, as those questions cannot 'arise under' an agreement that was never validly formed.” 3
5 Darlene Gibbs v. Sequoia Capital Operations
ca4 · 2020
green “whether a valid delegation provision exists.” 3
6 George Hengle v. Sherry Treppa
ca4 · 2021
green “courts have construed a party's argument that the 'delegation clause suffers from the same defect as the arbitration provision' to be a sufficient challenge to the delegation provision itself.” 3
7 Mehdi Noohi v. Toll Bros., Inc.
ca4 · 2013
green “must be supported by consideration independent of the contract underlying it, namely, mutual obligation.” 2

A red or yellow flag on a member means the underlying case has negative treatment — for those, check the case page before relying on the passage.

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