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Coinbase, Inc. v. Suski

In this case, the issue before the Supreme Court is whether a delegation clause in an earlier contract divests courts of authority to decide whether a subsequent contract supersedes the application of the delegation clause (as well as the arbitration provision of which it is a part) to the subject matter of this lawsuit. The defendant in the case seeks a rule that would require courts to force parties to arbitrate under a delegation clause without first determining that the delegation remains applicable. Public Citizen filed an amicus brief explaining that the Federal Arbitration Act does not permit a court to compel arbitration of a dispute without first determining that the parties are contractually bound to do so. In a unanimous decision issued in May 2024, the Supreme Court agreed, holding that the question whether the parties agreed to send the given dispute to arbitration must be answered by a court.