Topic: the party resisting arbitration bears the burden of proving… · Go Syfert
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Topic #2119

5 canonical passages across 5 cases, quoted by 138 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 Green Tree Financial Corp.-Alabama v. Randolph.

#Case FlagCanonical passage Citers
1 Green Tree Financial Corp.-Alabama v. Randolph Anchor
scotus · 2000
green “the party resisting arbitration bears the burden of proving that the claims at issue are unsuitable for arbitration.” 65
2 Century Indemnity Co. v. Certain Underwriters at Lloyd's, London
ca3 · 2009
green “before compelling a party to arbitrate pursuant to the faa, a court must determine that (1) there is an agreement to arbitrate and (2) the dispute at issue falls within the scope of that agreement.” 36
3 Kirleis v. Dickie, McCamey & Chilcote, P.C.
ca3 · 2009
green “reflects a 'strong federal policy in favor of the resolution of disputes through arbitration.” 20
4 Bel-Ray Company, Inc. v. Chemrite (Pty) Ltd.
ca3 · 1999
green “upon being satisfied that the making of the agreement for arbitration or the failure to comply therewith is not in issue.” 14
5 Abdul Jaludi v. Citigroup
ca3 · 2019
green “the presumption of arbitrability enters at the second step-it applies to disputes about the scope of an existing arbitration clause.” 3

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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