Archive by Month: June 2019

Who Decides Arbitrability: The Court or The Arbitrator?

By John V. Burch & David A. Harris June 7, 2019 Articles

When parties to a construction contract agree to arbitrate and the surety’s bond incorporates that contract by reference, does a court or does the arbitrator decide whether the surety must join in arbitration? Some very recent cases have important implications for sureties facing this question, and it turns out that who decides the issue may turn on how the question is framed. Read More