Frank Griffin and Matthew Adler are members of the firm`s Trial and Dispute Resolution Practice Group, an experienced, trial-ready team of lawyers who help clients analyze and resolve their most difficult and complex problems through negotiation, arbitration and litigation. Zachary Torres-Fowler is a member of the firm`s Construction Practice group, which has an unprecedented track record in resolving complex construction disputes and profiting complex construction processes. The Supreme Court has ruled that challenges to the overall validity of the contract as a whole may be delegated to an arbitrator to rule on the matter. See Prima Paint, 388 U.S. at 403-04; Buckeye, 546 U.S. at 444-46; Preston v. Ferrer, 552 U.S. 346, 353 (2008). This is because “an arbitration clause under substantive federal arbitration law is disconnectable from the rest of the contract.” Buckeye, 546 U.S. 445; see also Rent-A-Ctr., 561 U.S.
at 71. The FAA text also supports this result: “Section 2 states that a `written provision` to resolve a controversy through arbitration is `valid, irrevocable, and enforceable,` without mentioning the validity of the treaty in which it is contained.” Rent-A-Ctr., 561 U.S. at age 70. As Justice Gorsuch explained when he was in the circle of the tenth: “Everyone knows that the Federal Arbitration Act promotes arbitration. But before the heavy hand of the law comes into play in favor of arbitration, the parties themselves must accept that their disputes settle. Howard v. Ferrellgas Partners, L.P., 748 F.3d 975, 977 (10th Cir. 2014). Thus, on several occasions, the Court has distinguished between cases where the validity analysis based on Prima Paint`s validity analysis is applied and situations in which the parties dispute the mere existence of an arbitration agreement. See z.B Moran v. Svete, 366 F. App`x 624, 632 (6 cir.
2010) (“This is not a case where the signatory did not sign the contract, was an agent without being able to bind his client or did not have the mental capacity to give consent”.); Masco Corp. v. Zurich Am. In what makes me feel good. Co., 382 F.3d 624, 630 n.2 (6th Cir. 2004) (“This is not like a case where, for example, a contract is void in the absence of a valid signature. In such cases, the courts have indicated that an arbitration clause contained in the treaty would not be binding.”); Burden v. Check Into Cash of Ky., LLC, 267 F.3d 483, 489 (6th Cir.
2001) (“[W]e tend to find that Prima Paint excludes non-existent contracts from the salvatorial doctrine instead of prohibiting it, because the assertion of an inconclusive contract raises exactly the same question as the assertion of a fraudulently induced arbitration agreement: whether the arbitrator has any power at all.”) . . .