500 U.S. 20 (1991) Cited 3,018 times 59 Legal Analyses
Holding that a claim arising under the Age Discrimination in Employment Act of 1967 (ADEA), 29 U.S.C. § 621 et seq. (1994 ed.), may be subject to compulsory arbitration
Holding that “[a]n agreement to arbitrate, like any other contract, must be the product of mutual assent, ” which requires “that the parties have an understanding of the terms to which they have agreed”
Holding that "having agreed to arbitrate, the parties should be bound to that agreement unless . . . the statutory claim cannot be vindicated in an arbitral forum."
In Morgan, the arbitration clause referenced arbitrability but did not clearly delegate this issue to an arbitrator: "[A]ny objection to arbitrability or the existence, scope, validity, construction, or enforceability of this Arbitration Agreement shall be resolved pursuant to this paragraph (the ‘Arbitration Agreement’)."
Finding that the "[p]laintiff's acceptance of the[] terms [in the VZW Agreement] was confirmed by his . . . activation and use of the wireless phone service plan"
Upholding an arbitration clause stating the parties, by agreeing to arbitration, "waiv[ed] their rights to maintain other available resolution processes, such as a court action or administrative proceeding, to settle their disputes"