United States Fourth Circuit

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Peabody Holding Company, LLC v. United Mine Workers of America, 10-2134

In an appeal from a judgment of the district court upholding an arbitrator's determination of arbitrability in a dispute concerning a limited job-preference agreement, judgment is affirmed where the court, not the arbitrator, had jurisdiction to decide whether the dispute is arbitrable because the agreement lacks the requisite clear and unmistakable language evincing an intent to arbitrate arbitrability, and where the appellants failed to rebut the ordinary presumption in favor of arbitrability.

Appellate Information

  • Decided 01/11/2012
  • Published 01/11/2012

Judges

  • DIAZ

Court

  • United States Fourth Circuit

Counsel