NeuroSource opposes arbitration of any of its claims and has moved to stay Jefferson's arbitration. As a matter of contract, no party can be forced to arbitrate unless that party has entered into an agreement to do so. John Hancock Mutual Life Ins. The FAA thus presumptively favors the enforcement of arbitration agreements by making such agreements enforceable to the same extent as other contracts. Harris v. Green Tree Fin.
State law applies to issues concerning the validity, revocability and enforceability of contracts.
Northwestern Nat'l Life Ins. The FAA limits the role of courts to determine whether the parties entered into a valid arbitration agreement and whether the specific dispute falls within the scope of that agreement. Any doubts concerning the scope of the arbitrable issues must be resolved in favor of arbitration. First Liberty Inv. A. Arbitrability of Jefferson's Claims NeuroSource advocates several arguments why Jefferson's claims are not subject to the arbitration clause contained in the Agreement.