“The Antecedent Delegation Agreement: ‘Russian Doll Questions’ Concerning a Non-Signatory to an Arbitration Agreement Remain Unresolved”

In this National Law Review article, Gilbert Samberg of Mintz offers this discussion of questions he feels remain to be decided by the United States Supreme Court regarding whether arbitrability should be decided by the court or the arbitrator: “(a) who in the first instance should decide whether there is an antecedent agreement to delegate arbitrability issues; (b) who should do so when one of the parties litigating the delegation issue is not a signatory to the relevant arbitration agreement; and indeed (c) whether a non-signatory to an arbitration agreement can enforce a purported antecedent delegation agreement between other parties.”