The High Court Report

Oral Argument: Coinbase, Inc. v. Suski | Case No. 23-3 | Date Argued: 2/28/24 | Date Decided: 5/23/24


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Oral Argument: Coinbase, Inc. v. Suski | Case No. 23-3 | Date Argued: 2/28/24 | Date Decided: 5/23/24

Link to Docket: Here.

Question Presented: Where parties enter into an arbitration agreement with a delegation clause, should an arbitrator or a court decide whether that arbitration agreement is narrowed by a later contract that is silent as to arbitration and delegation?

Holding: Where parties have agreed to two contracts, one sending arbitrability disputes to arbitration, and the other either explicitly or implicitly sending arbitrability disputes to the courts, a court must decide which contract governs.

Result: Affirmed.

Voting Breakdown: 9-0. Justice Jackson delivered the opinion for a unanimous Court. Justice Gorsuch filed a concurring opinion.

Link to Opinion: Here.

Oral Advocates:

  • For Petitioner: Jessica L. Ellsworth, Washington, D.C.
  • For Respondents: David J. Harris, Jr., San Diego, Cal.

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