Is 'clear and unmistakable' delegation to the arbitrator to decide arbitrability negated by a carve-out to arbitrability in the arbitration clause?

QUESTIONS PRESENTED FOR REVIEW 1. Is “clear and unmistakable” delegation to the arbitrator to decide arbitrability negated by a carve-out to arbitrability in the arbitration clause, particularly if it is arguable that the underlying substantive dispute falls within the carve-out? 2. Is “clear and unmistakable” delegation negated if the arbitration clause stipulates that arbitration is permissive instead of mandatory or if the arbitration is non-binding? 2 CORPORATE DISCLOSURE Petitioner Imperial Pacific International (CNMI), LLC (‘TPI”) is a Commonwealth of Northern Mariana Islands (CNMI) incorporated limited liability corporation whose sole member is Appellant Best Sunshine International, Ltd., a company incorporated in the British Virgin Islands. Petitioner Best Sunshine is wholly owned by Imperial Pacific International Holdings Limited, a Hong Kong company that is publicly traded on the Hong Kong Stock Exchange. 3 STATEMENT OF RELATED CASES Pursuant to Supreme Court Rule 14, Petitioners hereby state that there are no related cases. 4