Civil Procedure, Contracts and Arbitration – Peabody Holding Company, LLC v. United Mine Workers of America

In an appeal from a judgment of the district court upholding an arbitrator’s determination of arbitrability in a dispute concerning a limited job-preference agreement, judgment is affirmed where the court, not the arbitrator, had jurisdiction to decide whether the dispute is arbitrable because the agreement lacks the requisite clear and unmistakable language evincing an intent to arbitrate arbitrability, and where the appellants failed to rebut the ordinary presumption in favor of arbitrability.

Continue reading at Peabody Holding Company, LLC v. United Mine Workers of America, No. 10-2134

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