Deciding who Decides: the Supreme Court Revisits Arbitrability

This fall, the United States Supreme Court will hear argument in Oliveira v. New Prime, Inc., a case which may very well have implications for the enforceability of some arbitration provisions contained in construction contracts. In Oliveira, the First Circuit added an exception to the long-standing rule, originating with the Prima Paint decision and further refined in Rent-A-Center, that questions related to the validity of an arbitration provision itself are matters for the court to resolve, except in circumstances where the parties have agreed to have the arbitrator decide such gateway questions of arbitrability.

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