Unless the parties clearly and unmistakably provide otherwise, the court, not the arbitrator, will decide whether a dispute is arbitrable. An arbitration clause's reference to the American Arbitration Association rules is not clear and unmistakable evidence of the parties' intent to have an arbitrator decide the issue of arbitrability. A party cannot be compelled to arbitrate matters not covered by the arbitration clause.
ALP, Inc. v. Moskowitz, NY Slip Op 02355 (1st Dep't April 12, 2022)
