A former employee sued alleging race discrimination by his former employer The employer said the arbitration clause contained in the Employment Agreement required the case be decided by arbitration. The trial court refused to send it to arbitration. On appeal, the decision was revered and the case sent to arbitration.
Why This Is Important…The appeals court said that since the contract said the issue of whether a dispute is subject to arbitration was for an arbitrator to decide, sending the case to arbitration was required. The clause delegating all disputes about arbitrability was clear, unmistakable, and unambiguous. It should have been enforced.