The Fifth Circuit’s analysis of arbitration issues is significantly influenced by the standard of review. A challenge to arbitrability involves careful scrutiny of the parties’ agreements. A challenge to the arbitration process or the ultimate award, however, faces a much more difficult standard of review.
Arbitrability
In Kubala v. Supreme Production Services, the parties disputed whether an arbitration agreement reached an employment claim that arose before entry into the agreement. The district court found that it did not and denied the motion to compel arbitration. The Fifth Circuit reversed, finding this delegation clause “strikingly similar” to the one at issue in Rent-A-Center v. Jackson, 561 U.S. 63 (2010):
“The arbitrator shall have the sole authority to rule on his/her own jurisdiction, including any challenges or objections with respect to the existence, applicability, scope, enforceability, construction, validity and interpretation of this Policy and any agreement to arbitrate a Covered Dispute.”
