“Who Decides Who Decides? The Third Circuit Addresses the ‘Queen of All Threshold Issues’ in Arbitration Law”

This article by Thomas F. Howley and Robert T. Szyba of Seyfarth Shaw LLP, published in Lexology, begins:

“Who decides the case: a court or an arbitrator? It’s a simple question at the core of any arbitration dispute. Then there’s the question of who decides who decides the case? Typically, the parties decide—they can decide to let an arbitrator decide the case (rather than a court) by entering into a binding arbitration agreement.”

The article discusses the Third Circuit’s decision in MZM Constr. Co. v. N.J. Bldg. Laborers Statewide Benefit Funds, which tackles this issue.