Who Decides Contract Enforceability?

When an allegedly unenforceable contract contains an arbitration clause, who gets to decide the question of enforceability, the arbitrator or a court?  The U.S. Supreme Court’s latest whack at that particular legal piñata is Buckeye Check Cashing, Inc. v. Cardegna, 126 S. Ct. 1204 (2006), decided in late February.  In the aptly named Who Determines the Enforceability of an Agreement Containing an Arbitration Clause?, Barry M. Heller and John J. Dwyer of DLA Piper Rudnick Gray Carey in Baltimore discuss Buckeye and its implications.

[Frank Snyder]