Even on a court that has strong differences of opinion about the law that defines the boundary between the judicial process and arbitration, some questions command consensus–in Holifield v. Barclay Properties, Ltd., the Fifth Court agreed that “a bilateral agreement to arbitrate under the AAA rules constitutes clear and unmistakable evidence of the parties’ intent to delegate the issue of arbitrability to the arbitrator.” No. 05-21-00239-CV (Oct. 5, 2021) (mem. op.) (citations omitted).

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