„As a general rule, any silence or ambiguity should be resolved with respect to the scope of arbitral matters in favour of arbitration proceedings.“ State ex rel. Pinkerton v. Fahnestock, 531 S.W.3d 36, 43 (Mo bench 2017) (cited mitsubishi Motors Corp. v. Soler Chrysler-Plymouth, Inc. 473 U.P. 614, 626, 105 p.Ct. 3346, 87 L.Ed.2d 444 (1985) ]. „This presumption of arbitration capacity is, however, reversed if one considers that a court or arbitrator should decide on arbitration threshold issues.“ Therefore, „the question of whether the parties have agreed to arbitration is decided by the court and not by the arbitrator.“ AT&T Techs.
475 U.S. at 649, 106 pp.c. 1415. In support of its request for forced support, TWC submitted two affidavits, one by Chance Cassidy, Senior Director of Charter`s Employee Services Center, and another by Sari M. Alamuddin, a licensed lawyer in the case. In his affidavit, Cassidy stated that he personally verified TWC`s employment documents prepared during Cooper-Dorsey`s onboarding. He stated that these recordings indicated that Cooper-Dorsey accepted the offer of employment on May 16, 2016. Cassidy explained that to accept the job offer online, Cooper-Dorsey would have had to enter a „unique identifier and a temporary confidential access code.“ Cassidy explained that no one from TWC had access to Cooper-Dorsey`s confidential access code and that Cooper-Dorsey was prohibited from sharing the code with anyone. In his proposals against TWC`s request to impose arbitration, Cooper-Dorsey called his second challenge to the delegation`s provision „enforcing the delegation`s provision is ruthless.“ However, the arguments contained in that subdivision did not focus on the determination of transmission. A precise reading of the arguments shows that Cooper-Dorsey`s challenge was in fact about the agreement to reconcile his substantive claims. Their arguments were: (1) the MHRA is an important civil rights law that confers a right of accompaniment to a jury trial; 2. Companies that provide alternative dispute resolution services „charge exorbitant fees“; 3.
whereas it would be unscrupulous to force a newly dismissed worker to pay the exorbitant remuneration of these providers; and (4) that an arbitrator would have a financial incentive to rule in favour of arbitration capacity. Clearly, everyone except the final assertion represented vast challenges for the arbitration agreement, and Cooper-Dorsey`s attempt to characterize these arguments as a challenge to the delegation`s determination cannot save it. See Pinkerton, 531 S.W.3d at 51-52.