Schumacher Homes of Circleville v. John and Carolyn Spencer

Once again, a majority of this Court reveals its biases and blatant “judicial hostility”1 toward arbitration by invalidating a plain and unmistakable agreement between the parties to arbitrate issues regarding whether a claim is subject to arbitration in the first instance. Feigning confusion about the term “arbitrability,” the majority concludes that the circuit court can decide whether the claims of the respondent homeowners, the Spencers, are subject to arbitration and then leaves untouched the circuit court’s wildly unsupported conclusion that they are not.

*349Before delving into the…