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Conor B. Dugan, Warner Norcross + Judd Conor B. Dugan, Warner Norcross + Judd

6th Circuit SpotlightThe U.S. Court of Appeals for the Sixth Circuit recently held in Blanton v. Domino’s Pizza Franchising, No. 19-2388 that an arbitration agreement that incorporates the American Arbitration Association’s National Rules of Resolution of Employment Disputes gives “clear and unmistakable” evidence that the parties agreed to arbitrate the question of whether the dispute at issue is itself arbitrable. While the U.S. Supreme Court had not yet answered the precise question in front of the Sixth Circuit in Blanton, the Supreme Court had sketched out the likely answer. Accordingly, the Sixth Circuit followed the lead of at least 11 other circuits and concluded where an arbitration agreement incorporated the AAA rules was unequivocal evidence that the parties had agreed to arbitrate the question of arbitrability.

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