The U.S. Supreme Court held in Rent-A-Center, West, Inc. v.
Jackson, 2010 U.S. LEXIS 4981 (2010) that a challenge to the validity of an
arbitration agreement that contains a provision delegating to the arbitrator
exclusive authority to resolve threshold issues relating to the validity of the
Arbitrability--whether a contract
creates a duty for the parties to arbitrate
(rather than litigate) a particular grievance--is ordinarily a question of law
to be decided by the court. Virginia, however, adheres to a public policy
favoring freedom to contract. If two sophisticated businesses reach...