State ex rel. Pinkerton v. Fahnestock

I dissent.

The United States Supreme Court has held, “When deciding whether the parties agreed to arbitrate a certain matter (in-eluding arbitrability), courts generally ... should apply ordinary state-law .principles that govern the formation of contracts.” First Options of Chi., Inc. v. Kaplan, 514 U.S. 938, 944, 115 S.Ct. 1920, 131 L.Ed.2d 985 (1995). But the Supreme Court added an important qualification “applicable when courts decide whether a party has agreed that arbitrators should decide arbi-trability: Courts should not assume that the parties agreed to arbitrate arbitrability unless…