Welch Group, Inc. v. Creative Drywall, Inc.

This is an appeal from a judgment that denied the plaintiffs application for an injunction restraining the defendant from proceeding with arbitration. The parties disagreed as to whether their dispute was arbitrable. The sole issue presented is whether the arbitrability of the dispute was to be determined *465by the arbitrator or by the trial court. We conclude that arbitrability, absent the parties’ clear agreement to the contrary, is a factual question to be determined by the trial court. Therefore, we reverse the judgment of the trial court and remand the matter for further proceedings.

Examinat…