• "Who Decides Challenges to a Contract - Arbitrators or The Courts? The United States Supreme Court Revisits and Reaffirms Prima Paint"
  • March 13, 2006 | Authors: Kevin Michael O'Gorman; Joy M. Soloway
  • Law Firm: Fulbright & Jaworski L.L.P. - Houston Office
  • On February 21, 2006, the United States Supreme Court issued a pro-arbitration ruling that answered an important question: who decides a claim that a contract is void -- the arbitrator, as provided in the contract itself, or the court, upon being requested to compel arbitration? In Buckeye Check Cashing, Inc. v. Cardegna, No. 04-1264, 2006 U.S. LEXIS 1814 (Feb. 21, 2006), the United States Supreme Court held that the arbitrator decides, even if that means that a court may enforce a contract (by compelling arbitration) an arbitrator later determines to be void.