Determination of Applicability

Determination of Applicability. An issue as to whether this Chapter applies with respect to a dispute shall be determined under federal law. The applicability of this Chapter to an agreement to arbitrate and the validity and enforceability of an agreement to which this Chapter applies shall be determined by a court, rather than an arbitrator; irrespective of whether the party resisting arbitration challenges the arbitration agreement specifically or in conjunction with other terms of the contract containing such agreement, and irrespective of whether the agreement purports to delegate such determinations to an arbitrator. ---------- COL 6/21/2023