Sarbanes-Oxley whistleblowing - Arbitrator to decide arbitrability

An alleged Sarbanes-Oxley whistleblower has to let an arbitrator decide whether his claim will be arbitrated, says the 2nd Circuit.

Who decides the question of arbitrability? Court or arbitrator?

General rule: Courts decide whether parties have agreed to arbitrate a specific dispute.

Exception: Arbitrator gets to decide the issue if the arbitration agreement clearly says so.

See full Article.