The Federal Arbitration Act empowers courts to decide issues concerning the making of an agreement “unless the parties have clearly and unmistakably referred those issues to arbitration in a written contract whose formation is not in issue.” However, if the arbitration agreement contains a provision expressly delegating issues of arbitrability to the arbitrator (rather than a court), that provision governs, and a court does not have authority to decide the issue. See Henry Schein, Inc. v Archer & White Sales, Inc. for more information. A party may challenge the delegation clause's enforceabiity, separate from any challenge to the arbitration agreement. Without such a challenge, the only issue a court can decide is whether an agreement exists. See Rent-A-Center v. Jackson for more infomation.  There is a limited exception to this principle. If the dispute involves transportation workers who are involved in interstate commerce, the issue of arbitrability must be decided by a court because the Federal Arbitration Act expressly states that it does not apply to contracts of employment for such workers. This means that even if an arbitration agreement with an interstate transportation worker includes a clause delegating arbitrability issues to an arbitrator, a court still must decide the issue of arbitrability in that limited context. See Prime, Inc. v. Oliveira for more information.