Tenth Circuit Clarifies Questions on Delegation of Arbitrability | Practical Law
In Belnap v. Iasis Healthcare Corp., the US Court of Appeals for the Tenth Circuit joined other circuit courts to hold that incorporation of the JAMS rules clearly and unmistakably delegates questions of arbitrability to an arbitrator, and that if a court finds evidence of clear and unmistakable intent to arbitrate arbitrability, it must allow an arbitrator to decide issues of arbitrability in the first instance. The Tenth Circuit also declined to adopt the "wholly groundless" approach to arbitrability.