William B. Dockser H. William Willoughby C.R.I., Incorporated v. Martin C. Schwartzberg

How courts have described this case

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

• concluding that when \[t]he parties have agreed that arbitrator selection should follow the rules and procedures of the\ AAA, \the number of the arbitrators is a procedural question to be answered exclusively in that forum\
• concluding the arbitrators had jurisdiction to determine the number of arbitrators that would hear the parties’ dispute
• noting that, in the face of contractual silence, arbitral resolution of procedural issues is presumed, and \the onus is on the party seeking litigation on a procedural issue to show that the agreement somehow excludes that issue from arbitration\
• noting that, in the face of contractual silence, arbitral resolution of procedural issues is presumed, and “the onus is on the party seeking litigation on a procedural issue to show that the agreement somehow excludes that issue from arbitration”
• applying the same logic with respect to the presumption favoring arbitration
• “[T]he onus is on the party seeking litigation on a procedural issue to show that the agreement somehow excludes that issue from arbitration.”

Source: CourtListener parenthetical corpus (CC0).