ConocoPhillips, Inc. v. Local 13-0555 United Steelworkers International Union

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• interpreting First Options to stand for the proposition that a party’s silence and ambiguity do not demonstrate a clear willingness to have an arbitrator decide the arbitrability question
• “[I]t cannot be the case that merely countering your opponent’s case demonstrates an intent to be bound by the arbitrator’s decision.”
• party’s consent to an arbitrator’s jurisdiction over a limited merits issue did not evidence a “clear and unmistakable intent to be bound by the arbitrator’s decision on arbitrability” of a related issue
• “Although the question of whether a particular issue is arbitrable errs in favor of arbitration, ‘courts should not assume that the parties agreed to arbitrate arbitrability unless there is “clea[r] and unmistakabl[e]” evidence that they did so.’” (quoting reference omitted)
• “There are three types of disputes concerning arbitration: (1) the merits of the dispute; (2) whether the parties agreed to arbitrate the merits; and (3) who has ‘the primary power to decide’ whether the parties agreed to arbitrate the merits.” (emphasis removed

Source: CourtListener parenthetical corpus (CC0).