Donaldson, Lufkin & Jenrette Futures, Inc. v. Barr

I must, with respect, dissent from the majority’s holding that where, in a broad arbitration clause, “it is unclear whether the subject matter of the dispute falls within the scope of the arbitration agreement, the question of substantive arbitrability should initially be decided by the arbitrator.” 124 Ill. 2d at 447-48.

First, the language of our Arbitration Act is to me indisputably clear and does not permit, much less require, interpretation. The Act, which is set out in the majority’s opinion, states that when there is a substantial and bona fide dispute as to whether the question…