What is the test for an arbitrator to determine whether a party has agreed to arbitrate?

MultiRegion, United States of America

The following excerpt is from Progressive Cas. Ins. Co. v. C.A. Reaseguradora Nacional De Venezuela, 991 F.2d 42 (2nd Cir. 1993):

Perry v. Thomas, 482 U.S. 483, 107 S.Ct. 2520, 96 L.Ed.2d 426 (1987), dictates that we apply state law in determining whether the parties have agreed to arbitrate.

Page 46

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