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“The fact in question was whether or not the arbitration clause was valid based on Reasonover’s agreement to Clearwire’s Terms of Service. If the court rules that Reasonover was found to have agreed to the Terms of Service, then the arbitration clause will be valid, and Reasonover would be compelled to use the arbitration process to resolve her dispute with Clearwire. Reasonover could, however, file another motion against the arbitration ruling by claiming that the subject matter is not covered by the agreement to arbitrate or that the arbitration rules and procedures are unfair to her and favor Clearwire. It would then be up to the court to hear arguments as to why each of the parties believes the arbitration rules in the agreement are fair or unfair (Clarkson, Miller, & Cross, 2015). The hearing was to determine if Reasonover had agreed to the Terms of Service which included the arbitration clause. The court did not address the issue of arbitrability – whether or not the particular matter at hand is covered by the arbitration agreement (Clarksomn, et al., 2015).
Clarkson, K. W., Miller, R. L., & Cross, F. B. (2015). Business law: Text and cases. Boston, MA: Cengage