An issue that continues to present itself is who will determine if a dispute must be tried in court or arbitrated.

Recently, the U.S. Court of Appeals for the Fourth Circuit was called upon to decide if an arbitration agreement reflected a clear and unmistakable intent to delegate that role to the arbitrator in Simply Wireless v. T-Mobile US, No. 16-1123 (4th Cir., Dec. 13, 2017).