Williams v. Tucker

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In the absence of an agreement to the contrary, waiver of a contractual right to arbitration is a threshold question of enforceability to be determined by a court, not an arbitrator. Respondents commenced an arbitration against Petitioner pursuant to an agreement between the parties alleging breach of contract. Petitioner ultimately filed a motion for a preliminary and permanent injunction to prohibit Respondents from pursuing their claims through arbitration. The circuit court denied the motion. The Supreme Court reversed and remanded for entry of an order enjoining Respondents from pursuing further arbitration, holding (1) the question of waiver should have been determined by the circuit court rather than an arbitrator; (2) Respondents were not allowed to reinitiate the arbitration process under the American Arbitration Association after having voluntarily abandoned their claims in arbitration under Financial Industry Regulatory Authority, Inc.; and (3) Respondents waived their right to pursue any future arbitration under the agreement. View "Williams v. Tucker" on Justia Law