Applied Underwriters Captive Risk Assurance Company, Inc. v. Minnieland Private Day School, Inc.

Issues: (1) Whether an argument that applies equally to an arbitration agreement as a whole is sufficient to specifically challenge a delegation provision under Rent-A-Center v. Jackson, which held that a delegation provision within an arbitration agreement should be enforced under the Federal Arbitration Act, unless there is a specific (and successful) challenge to that delegation provision; and (2) whether the severability doctrine, which dictates that a delegation provision must be analyzed without regard to the remainder of the arbitration agreement and without regard to the contract as a whole, requires enforcement of a delegation provision when the only defense to enforceability is a state anti-arbitration statute that does not address “who” gets to decide arbitrability.