The Tenth Circuit held that a challenge to whether an arbitration agreement was ever formed can only be resolved by a court, even if the arbitration agreement delegates issues of arbitrability to the arbitrator.
October 22, 2020 at 10:00 AM
1 minute read
In Fedor v. United Healthcare, No. 19-2066, 2020 WL 5540551 (10th Cir. Sep. 16, 2020), the Tenth Circuit held that a challenge to whether an arbitration agreement was ever formed can only be resolved by a court, even if the arbitration agreement delegates issues of arbitrability to the arbitrator. The court also concluded that one of the grounds raised on appeal by the appellee, United Healthcare (UHC), would have enlarged its rights, and thus, should have been raised in a cross-appeal.
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