Does a clause in an arbitration agreement that "delegates to the arbitrators the authority to determine any of the provisions of the arbitration clause" constitute an agreement to arbitrate threshold issues?

MultiRegion, United States of America

The following excerpt is from Oliver v. First Century Bank, N.A., Case No.: 17cv620-MMA (KSC) (S.D. Cal. 2017):

Def. Ex. 3 at 24(b)(1). This language "delegating to the arbitrators the authority to determine the validity or application of any of the provisions of the arbitration clause[] constitutes an agreement to arbitrate threshold issues concerning the arbitration agreement," and in doing so "clearly and unmistakably indicates [the parties'] intent for the arbitrators to decide the threshold question of arbitrability." Momot v. Mastro, 652 F.3d 982, 988 (9th Cir. 2011) (quoting Rent-A-Ctr., 561 U.S. at 68) (internal quotation marks omitted)).

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