In Re Merrill Lynch Trust Co. FSB

in which Chief Justice JEFFERSON, Justice GREEN, and Justice "WILLETT joined, and in which Justice HECHT and Justice MEDINA joined as to Parts I, III-A, and IV, Justice O’NEILL joined as to Parts I, III, and IV, and Justice WAINWRIGHT and Justice JOHNSON joined as to Parts I, II, and IV.

In considering referral to arbitration, the question is not which forum is quicker, cheaper, or more convenient, but which one the parties picked.1 Here, the plaintiffs agreed to arbitrate with Merrill Lynch, but not the employee or affiliates they have sued. Because their claims against the employee are in…