Whether providing that a particular set of rules will govern arbitration proceedings, without more, is 'clear and unmistakable evidence' of the parties' intent to have the arbitrator decide questions of arbitrability

QUESTION PRESENTED There must be “clear and unmistakable evidence” of parties’ intent to have arbitrability decided by an arbitrator for a court to find that they agreed to upend the usual rule that courts decide arbitrability questions. First Options of Chicago, Inc. v. Kaplan, 514 U.S. 938, 944 (1995) (cleaned up). Silence or ambiguity is insufficient. Id. at 945. The question presented is: In the context of a form employment agreement, is providing that a particular set of rules will govern arbitration proceedings, without more, “clear and unmistakable evidence” of the parties’ intent to have the arbitrator decide questions of arbitrability? ii RELATED CASES e Blanton v. Domino’s Pizza Franchising LLC, No. 18-13207, U.S. District Court for the Eastern District of Michigan. Judgment entered Oct, 25, 2019. e Blanton v. Domino’s Pizza Franchising LLC, No. 19-2388, U.S. Court of Appeals for the Sixth Circuit. Judgment entered June 17, 2020.