Whether, as the Second Circuit held, participating in arbitration—including agreeing to a scheduling order as to the timing of jurisdictional objections and making arguments about jurisdiction to the arbitrators—is sufficient to show an agreement to arbitrate arbitrability, and thereby forgo the default de novo standard that governs judicial review of arbitrator decisions on arbitrability.

Whether participating in agreeing to a scheduling order as to the timing of jurisdictional objections and making arguments about jurisdiction to the arbitrators is sufficient to show an agreement to arbitrate arbitrability