Ex Parte Perry

The trial court properly determined the preliminary issue of arbitrability, because the contract did not very clearly grant to an arbitrator the power to decide the preliminary issue of arbitrability. SeeFirst Options of Chicago, Inc. v. Kaplan, 514 U.S. 938 (1995);Allstar Homes, Inc. v. Waters, 711 So.2d 924 (Ala. 1997); Ex parte Williams,686 So.2d 1110, 1112 (Ala. 1996) (Houston, J., concurring in the result). Furthermore, Mrs. Perry specifically challenged the enforceability of the arbitration provision on fraud grounds; therefore, even if the arbitration provision had clearly stated that…