Law360 has reported on an opinion published by a three-judge panel for the U.S. Court of Appeals for the Fifth Circuitaffirmed a Texas district court’s decision refusing Aetna’s request to force arbitration in a lawsuit brought by Aramark under ERISA. The court agreed that the parties’ master services agreement does not clearly give an arbitrator the power to decide whether the dispute must be arbitrated in the first place. The opinion stated, "By the terms of this contract, the threshold arbitrability question was given to courts, not arbitrators."
The full article can be found here.