“Be Sure Your Arbitration Clause Clearly States Who Will Decide Whether a Dispute Is Arbitrable”

Shepard Davidson of Burns & Levinson LLP discusses the Massachusetts Court of Appeals decision in Boursiquot v. United Healthcare Services of Delaware, in this article, available through Lexology, which concludes with an admonition that “if in-house counsel want to have arbitration for reasons of confidentiality, it is critical to include in their arbitration clauses plain text stating: ‘All matters concerning the arbitrability of disputes must be submitted to the arbitrator and may not be decided in any other forum.'”