When there is a valid and enforceable agreement to arbitrate, and the dispute is within the scope of the arbitration agreement, does the FAA preempt state courts from construing their statutes to allow courts, not arbitrators, primary jurisdiction to decide whether conditions precedent that were not as to arbitrability have occurred?

QUESTIONS PRESENTED 1. When there is a valid and enforceable agreement to arbitrate, and the dispute is within the scope of the arbitration agreement, does the FAA preempt state courts from construing their statutes to allow courts, not arbitrators, primary jurisdiction to decide whether conditions precedent that were not as to arbitrability have occurred? 2. When there is a valid and enforceable agreement to arbitrate, and the dispute is within the scope of the arbitration agreement, does the FAA prohibit state courts from looking through a motion to compel arbitration to decide whether an unfulfilled condition precedent has excused a party’s failure to perform its obligations under the agreement?