Scout Petroleum, LLC v. Chesapeake Appalachia, LLC
Petition for certiorari denied on October 3, 2016
Issue: (1) Whether the decision below conflicts with decisions of other circuits which hold that arbitration agreements incorporating the American Arbitration Association rules generally and specifically delegate all issues of arbitrability to the arbitrator, including whether the arbitrator has the authority to decide if class arbitration is permitted; and (2) whether the decision below conflicts with Supreme Court precedent and other circuits’ application of the clear and unmistakable standard in construing the arbitration agreement in a manner which is consistent with other contracts under the Federal Arbitration Act and state law.