Practice point: Although doubts as to the arbitrability of a claim are to be resolved in favor of arbitrability, arbitration is a matter of consent, not coercion, and a party cannot be required to submit to
arbitration any dispute which it has not agreed so to submit.
Student note: The determination as to whether the parties have entered into
an agreement to arbitrate is made by applying ordinary state law principles governing the formation of contracts.
Case: Highland HC, LLC v. Scott, NY Slip Op 00089 (2d Dept. 2014).
Here is the decision.
Tuesday's issue: A slip-and-fall on water...near the pool, where else?
