If a party challenges the validity of the contract that contains the arbitration clause, who decides that validity challenge? An arbitrator or a judge?

According to Rent-A-Center, West, Inc. v. Jackson, 561 U.S. 63, 69-73 (2010), the court ruled that the arbitrator should be the one to decide the validity of the arbitration clause. However, upon appeal, the Ninth Circuit reversed the decision based on rulings in Nagrampa v. MailCoups, Inc., 469 F.3d 1257, 1264 (9th Cir. 2006)(en banc) and Bukeye Check Cashing, Inc., v. Cardegna, 546 U.S. 440, 446 (2006). The Ninth Circuit found that if a party is challenging only the validity of the arbitration clause and not the entire arbitration agreement, the court should resolve the issue, not an arbitrator.

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