west jackson argued april decided june respondent jackson filed suit petitioner former employer nevada federal district filed motion federal arbitration act faa dismiss stay proceedings compel arbitration based arbitration agreement agreement jackson signed condition employment jackson opposed motion ground agreement unenforceable unconscionable nevada law district granted motion ninth circuit reversed relevant part held faa agreement arbitrate includes agreement arbitrator determine enforceability agreement party challenges specifically enforceability particular agreement district considers challenge party challenges enforceability agreement whole challenge arbitrator pp section faa places arbitration agreements equal footing contracts buckeye check cashing cardegna requires courts enforce according terms volt information sciences board trustees leland stanford junior save upon grounds exist law equity revocation contract agreement included two relevant arbitration provisions provided arbitration disputes arising jackson employment including discrimination claims gave arbitrator exclusive authority resolve dispute relating agreement enforceability including claim part agreement void voidable seeks enforcement second provision delegates arbitrator gateway question enforceability see howsam dean witter reynolds must enforce delegation provision unless unenforceable pp two types validity challenges one challenges specifically validity agreement arbitrate challenges contract whole buckeye supra first relevant determination arbitration agreement enforceability see prima paint flood conklin mfg arbitration provision severable remainder contract buckeye supra mean agreements arbitrate unassailable party challenges validity precise agreement arbitrate issue federal must consider challenge ordering compliance agreement less true precise agreement arbitrate part larger arbitration agreement agreement arbitrate enforceability delegation provision severable remainder agreement unless jackson challenged delegation provision specifically must treated valid enforced pp district correctly concluded jackson challenged validity contract whole brief raised challenge delegation provision first time late considered see penn plaza llc pyett pp reversed scalia delivered opinion roberts kennedy thomas alito joined stevens filed dissenting opinion ginsburg breyer sotomayor joined west petitioner antonio jackson writ certiorari appeals ninth circuit june justice scalia delivered opinion consider whether federal arbitration act faa act district may decide claim arbitration agreement unconscionable agreement explicitly assigns decision arbitrator february respondent antonio jackson filed suit rev stat former employer district district nevada defendant petitioner west filed motion faa dismiss stay proceedings compel arbitration argued mutual agreement arbitrate claims agreement jackson signed february condition employment precluded jackson pursuing claims agreement provided arbitration past present future disputes arising jackson employment including claims discrimination claims violation federal law app also provided arbitrator federal state local agency shall exclusive authority resolve dispute relating interpretation applicability enforceability formation agreement including limited claim part agreement void voidable jackson opposed motion ground arbitration agreement question clearly unenforceable unconscionable nevada law responded jackson unconscionability claim properly jackson expressly agreed arbitrator exclusive authority resolve dispute enforceability agreement also disputed merits jackson unconscionability claims district granted motion dismiss proceedings compel arbitration found agreement clearly unmistakenly sic gives arbitrator exclusive authority decide whether agreement enforceable app pet cert quoting howsam dean witter reynolds jackson challenged validity agreement whole issue arbitrator app pet cert citing buckeye check cashing cardegna noted even examine merits jackson unconscionability claims rejected claim agreement split arbitration fees substantively unconscionable nevada law address jackson procedural substantive unconscionability arguments without oral argument divided panel appeals ninth circuit reversed part affirmed part remanded reversed question arbitrator authority decide whether agreement enforceable noted jackson dispute language agreement clearly assigns arbitrability determination arbitrator held party challenges arbitration agreement unconscionable thus asserts meaningfully assent agreement threshold question unconscionability ninth circuit affirmed district alternative conclusion provision substantively unconscionable remanded consideration jackson unconscionability arguments judge hall dissented ground question arbitration agreement validity gone arbitrator parties unmistakably provide agreement granted certiorari ii faa reflects fundamental principle arbitration matter contract section primary substantive provision act moses cone memorial hospital mercury constr provides written provision contract evidencing transaction involving commerce settle arbitration controversy thereafter arising contract shall valid irrevocable enforceable save upon grounds exist law equity revocation contract faa thereby places arbitration agreements equal footing contracts buckeye supra requires courts enforce according terms volt information sciences board trustees leland stanford junior like contracts however may invalidated generally applicable contract defenses fraud duress unconscionability doctor associates casarotto act also establishes procedures federal courts implement substantive rule party may apply federal stay trial action upon issue referable arbitration agreement writing arbitration party aggrieved failure another party arbitrate written agreement arbitration may petition federal order directing arbitration proceed manner provided agreement shall order arbitration upon satisfied making agreement arbitration failure comply therewith issue ibid agreement contains multiple written provision settle arbitration controversy two relevant discussion first section titled claims covered agreement provides arbitration past present future disputes arising jackson employment app second section titled arbitration procedures provides arbitrator shall exclusive authority resolve dispute relating enforceability agreement including limited claim part agreement void voidable current controversy parties whether agreement unconscionable second provision delegates resolution controversy arbitrator seeks enforce adopting terminology used parties refer delegation provision delegation provision agreement arbitrate threshold issues concerning arbitration agreement recognized parties agree arbitrate gateway questions arbitrability whether parties agreed arbitrate whether agreement covers particular controversy see howsam green tree financial bazzle plurality opinion line cases merely reflects principle arbitration matter see first options chicago kaplan agreement arbitrate gateway issue simply additional antecedent agreement party seeking arbitration asks federal enforce faa operates additional arbitration agreement additional agreement valid save upon grounds exist law equity revocation contract federal courts enforce agreement staying federal litigation compelling arbitration question us whether delegation provision valid two types validity challenges one type challenges specifically validity agreement arbitrate challenges contract whole either ground directly affects entire agreement agreement fraudulently induced ground illegality one contract provisions renders whole contract invalid buckeye line cases neither party asked us overrule held first type challenge relevant determination whether arbitration agreement issue see prima paint flood conklin mfg buckeye supra preston ferrer written provision settle arbitration controversy valid irrevocable enforceable without mention validity contract contained thus party challenge another provision contract contract whole prevent enforcing specific agreement arbitrate matter substantive federal arbitration law arbitration provision severable remainder contract buckeye see also severability rule based agreements arbitrate severable mean unassailable party challenges validity precise agreement arbitrate issue federal must consider challenge ordering compliance agreement prima paint example claim fraud inducement arbitration clause considered immunize arbitration agreement judicial challenge ground fraud inducement elevate forms contract cases claimed basis invalidity contract whole much easier establish basis applied severable agreement arbitrate thus employment contract many elements alleged unconscionability applicable entire contract outrageously low wages example affect agreement arbitrate alone even case prima paint alleged fraud induced whole contract equally induced agreement arbitrate part contract nonetheless require basis challenge directed specifically agreement arbitrate intervene written provision settle arbitration controversy asks us enforce delegation provision provision gave arbitrator exclusive authority resolve dispute relating enforceability agreement app remainder contract buckeye supra rest agreement arbitrate claims arising jackson employment sure case differs prima paint buckeye preston arbitration provisions sought enforced cases contained contracts unrelated arbitration contracts consulting services see prima paint supra services see buckeye supra personal management talent agent services see preston supra case underlying contract arbitration agreement makes application severability rule depend substance remainder contract section operates specific written provision settle arbitration controversy party seeks enforce accordingly unless jackson challenged delegation provision specifically must treat valid must enforce leaving challenge validity agreement whole arbitrator district correctly concluded jackson challenged validity contract whole nowhere opposition motion compel arbitration even mention delegation provision see app noted fact reply jackson response fails rebut otherwise address way argument arbitrator must decide jackson challenge enforceability agreement thus argument uncontested emphasis original arguments jackson made response motion compel arbitration support conclusion jackson stated entire agreement seems drawn provide undue advantages dispute arise emphasis added one point argued limitations discovery suppor contention arbitration agreement whole substantively unconscionable ibid emphasis added jackson describes challenge district follows opposed motion compel ground entire arbitration agreement including delegation clause unconscionable brief respondent emphasis added accurate description filings required make claim unconscionability nevada law see contended agreement procedurally substantively unconscionable procedurally unconscionable argued imposed condition employment app need consider claim none jackson substantive unconscionability challenges specific delegation provision first argued agreement coverage one sided required arbitration claims employee likely bring contract tort discrimination statutory claims require arbitration claims likely bring intellectual property unfair competition trade secrets claims argument clearly go validity delegation provision jackson two substantive unconscionability arguments assailed arbitration procedures called contract arrangement limitations discovery procedures used arbitration agreement arbitrate disputes delegation provision may jackson challenged delegation provision arguing common procedures applied delegation provision rendered provision unconscionable challenge considered make claim based discovery procedures jackson argue limitation upon number depositions causes arbitration claim agreement unenforceable unconscionable course much difficult argument sustain argument limitation renders arbitration factbound claim unconscionable likewise unfairness arrangement may difficult establish arbitration enforceability arbitration complex aspects alleged employment discrimination jackson however make arguments specific delegation provision argued discovery procedures rendered entire agreement invalid jackson appeal ninth circuit confirms contest validity delegation provision particular brief noted existence delegation provision brief appellant unconscionability arguments made mention also repeated arguments made district see supra entire agreement favors limitations discovery contention arbitration agreement whole substantively unconscionable brief appellant finally repeated argument made district filings state law unconscionable clauses severed arbitration agreement see point argument course agreement whole unconscionable state law jackson repeated argument oral argument counsel stated certain elements arbitration agreement unconscionable nevada law render entire arbitration agreement unconscionable tr oral arg emphasis added stated got certain provisions unconscionable nevada law render entire agreement unconscionable rely emphasis added brief jackson made contention mentioned delegation provision substantively unconscionable quid pro quo supposed receive exchange initially allowing arbitrator decide certain gateway questions receive plenary judicial review eliminated subsequent holding hall street associates mattel nonplenary grounds judicial review faa exclusive brief respondent brought challenge delegation provision late consider see penn plaza llc pyett slip reverse judgment appeals ninth circuit ordered west petitioner antonio jackson writ certiorari appeals ninth circuit june justice stevens justice ginsburg justice breyer justice sotomayor join dissenting neither petitioner respondent urged us adopt rule today even litigant specifically challenged validity agreement arbitrate must submit challenge arbitrator unless lodged objection particular line agreement purports assign challenges arbitrator delegation clause asserts holding flows logically prima paint flood conklin mfg held consideration contract revocation defense generally matter arbitrator unless defense specifically directed arbitration clause treated holding severability rule party challenges contract specifically arbitration provisions provisions enforceable apart remainder contract buckeye check cashing cardegna decision today goes beyond prima paint breezy assertion subject matter contract issue case arbitration agreement nothing makes difference ante simply wrong written arbitration agreement one part broader employment agreement parties arbitration clause prima paint one part broader contract services parties thus subject matter agreement exclusively arbitration makes difference prima paint analysis federal arbitration act faa parties generally substantial leeway define terms scope agreement settle disputes arbitral forum rbitration simply matter contract parties way resolve disputes disputes parties agreed submit arbitration first options chicago kaplan faa therefore envisions limited role courts asked stay litigation refer disputes arbitration certain issues kind contracting parties likely expected decided remain within province judicial review howsam dean witter reynolds see also green tree financial bazzle plurality opinion technologies communications workers issues gateway matter necessary antecedents enforcement arbitration agreement raise questions parties likely thought agreed arbitrator decide howsam quintessential gateway matters include whether parties valid arbitration agreement bazzle plurality opinion whether parties bound given arbitration clause howsam whether arbitration clause concededly binding contract applies particular type controversy ibid bizarre send types gateway matters arbitrator matter course raise arbitrability see ibid first options uestion arbitrability thus include questions regarding existence legally binding valid arbitration agreement well questions regarding scope concededly binding arbitration agreement case concerned first categories whether parties valid arbitration agreement issue faa assigns section faa dictates covered arbitration agreements shall valid irrevocable enforceable save upon grounds exist law equity revocation contract uch grounds relate contract validity formation include claim issue case unconscionability see doctor associates casarotto two different lines cases bear issue decides question arbitrability respecting validity whether arbitration agreement unconscionable although issue gateway matter typically explained issue delegated arbitrator circumstances parties purportedly done courts must examine two distinct rules decide whether delegation valid first line cases looks parties intent technologies stated question arbitrability may delegated arbitrator long delegation clear unmistakable reaffirmed rule added nuance first options background presumption questions arbitrability go stated federal courts generally apply ordinary principles govern formation contracts assess whether parties agreed arbitrate certain matter including arbitrability added rigorous standard applies inquiry whether parties agreed arbitrate arbitrability courts assume parties agreed arbitrate arbitrability unless clear unmistakable evidence ibid internal quotation marks brackets omitted justice breyer unanimous opinion described standard type revers presumption one favor judicial rather arbitral forum clear unmistakable evidence agreement arbitrate arbitrability might include urged first options course conduct demonstrating urged case express agreement event whether evidence exists matter determine second line cases bearing decides validity arbitration agreement explains involves prima paint rule see ante rule recognizes two types validity challenges one type challenges validity arbitration agreement ground arising infirmity agreement challenges validity arbitration agreement tangentially via claim entire contract arbitration agreement part invalid reason see buckeye prima paint challenge first type goes challenge second type goes arbitrator see see also buckeye prima paint rule akin pleading standard whereby party seeking challenge validity arbitration agreement must expressly say order get dispute sum questions related validity arbitration agreement usually matters resolve refers dispute arbitration questions arbitrability may go arbitrator two instances parties demonstrated clearly unmistakably intent validity arbitration agreement depends exclusively validity substantive contract part ii might resolved case simply applying first options rule arbitration agreement issue clearly unmistakably evince petitioner respondent intent submit questions arbitrability arbitrator answer question respondent claim arbitration agreement unconscionable undermines suggestion clearly unmistakably assented submit questions arbitrability arbitrator see restatement second contracts comment ross inequality bargaining power together terms unreasonably favorable stronger party may confirm indications transaction involved elements deception compulsion may show weaker party meaningful choice real alternative fact assent appear assent unfair terms american airlines wolens concurring judgment dissenting part determination contract may fact determination one party intend agree terms contract fact agreement delegation provision suggests assent beside point gravamen respondent claim never consented terms agreement words party raises validity challenge arbitration agreement issue must resolved say clearly unmistakably intended arbitrate validity question case well illustrates point respondent unconscionability claim correct terms agreement process making unfair contravene existence clear unmistakable assent arbitrate question petitioner seeks arbitrate accordingly necessary resolve merits respondent unconscionability claim order decide whether parties valid arbitration agreement otherwise section preservation revocation issues meaningless essence understand appeals decided issue see hold party challenges arbitration agreement unconscionable thus asserts meaningfully assent agreement threshold question unconscionability therefore affirm judgment leaving merits respondent unconscionability claim district resolve remand iii rather apply first options takes us different path one neither briefed parties relied upon appeals applying prima paint unwisely extended fantastic likely erroneous decision black dissenting explained outset see supra case lies seeming crossroads arbitration jurisprudence implicates cases first options address whether parties intended delegate questions arbitrability also cases prima paint address severability presumptively valid arbitration agreement potentially invalid contract question decides arbitrator animates lines cases driven different concerns cases like first options concerned parties intentions cases like prima paint concerned parties challenge validity agreement prima paint inquiry recall consider whether parties actually challenging validity arbitration agreement whether challenging generally contract within arbitration clause nested latter circumstance assume infirmity per se arbitration agreement grounds revocation arbitration agreement faa accordingly commit parties general contract dispute arbitrator agreed claim prima paint one party agreed contract services known second party insolvent fact known disclosed time contracting therefore allegedly fraud inducement contract contract also delegated disputes arbitrator despite fact claim raised successful rendered embedded arbitration clause void held merits dispute arbitrator long claim fraud inducement go validity arbitration clause emphasis added prima paint claim ha advanced prima paint respondent fraudulently induced enter agreement arbitrate arbitration agreement broad enough cover dispute arbitration agreement enforceable respect controversy hand prima paint rule denominated one related severability opinion buckeye set guidelines first matter substantive federal arbitration law arbitration provision severable remainder contract second unless challenge arbitration clause issue contract validity considered arbitrator first instance whether general contract defense renders entire agreement void voidable irrelevant matters whether party seeking present issue brought discrete challenge preston ferrer validity arbitration clause buckeye prima paint progeny allow pluck potentially invalid contract potentially valid arbitration agreement today adds new layer severability something akin russian nesting dolls mix courts may pluck potentially invalid arbitration agreement even narrower provisions refer particular arbitrability disputes arbitrator see ante think agreement arbitrate ever manifest clear unmistakable intent arbitrate validity even assuming otherwise certainly hold prima paint rule extends far view general revocation challenge standalone arbitration agreement invariably challenge arbitration agreement prima paint therefore prima paint must decided claim procedural unconscionability aims undermine formation arbitration agreement much like claim unconscionability aims undermine requirement necessary valid delegation discrete challenge validity arbitration agreement preston moreover dealing case challenge independently executed arbitration agreement rather clause contained contract related another subject matter challenge contract also necessarily challenge arbitration one however reads delegation clause distinct agreement divisible contract resides happens also arbitration agreement ante although simply declares makes difference underlying subject matter agreement arbitration agreement ante proposition follow rather odds prima paint severability rule parties case executed one contract two sheets paper one sheet employment terms second arbitration terms contract look much like one buckeye substantive terms followed arbitration terms including call delegation clause sentence two assigning arbitrator disputes related validity arbitration provision see buckeye respondent came claiming contract illegal whole reason unrelated arbitration provision prima paint rule apply general challenge subject matter contract go arbitrator challenge call question making arbitration agreement invalidity per se today however respondent instead raised challenge specific validity agreement arbitrate example agreement arbitrate void state law challenge gone buckeye says see declares prima paint pleading rule requires party must lodge challenge even greater specificity satisfied prima paint claim entire arbitration agreement invalid go unless party challenges particular sentences delegate claims arbitrator contract ground particular unique sentences see ante seem reads prima paint require matter course infinite layers severability must always pluck arbitration agreement specific delegation mechanism present judicial review commend matter arbitration even delegation clause one sentence within one paragraph within standalone agreement importantly party must identify one sentence lodge specific challenge validity otherwise bound pursue validity claim arbitration even limited separately executed arbitration agreements however infinite severability rule divorced underlying rationale prima paint notion party may bound arbitration clause contract nevertheless invalid may difficult lawyer person accept law prima paint reflects judgment policy favoring arbitration preston outweighs interest preserving judicial forum questions arbitrability questions arbitrability bound underlying dispute prima paint two bound actually gateway matter question decides entire ball game decide fraudulent inducement question prima paint order decide antecedent question validity included arbitration agreement also necessarily decide merits underlying dispute question illegality buckeye way deciding arbitration agreement validity decide whether contract illegal decide merits entire dispute case however resolution unconscionability question bearing merits underlying employment dispute preliminary matter resolve decide merits dispute resolution unconscionability question however decide whether arbitration agreement valid grounds exist law equity revocation contract prima paint recognizes faa commits gateway matters specific arbitration agreement indeed clear present controversy whether arbitration agreement unconscionable severable merits underlying dispute involves claim employment discrimination true gateway matters reason prima paint application case iv may accept fantastic holding prima paint black dissenting certainly accept even fantastic reasoning today affirm judgment appeals therefore respectfully dissent footnotes one caveat first options chicago kaplan held ourts assume parties agreed arbitrate arbitrability unless unmistakabl evidence parties agree heightened standard applies see brief petitioner brief respondent district concluded agreement arbitrate clearly unmistakenly sic provides arbitrator exclusive authority decide whether agreement arbitrate enforceable app pet cert ninth circuit noted jackson dispute text agreement clear unmistakable point also dispute argues however clear unmistakable agreement text valid unconscionability claims raises see brief respondent dissent makes argument see post opinion stevens mistakes subject first options clear unmistakable requirement pertains parties manifestation intent agreement validity explained howsam dean witter reynolds interpretive rule based assumption parties expectations circumstance contracting parties likely expected decided gateway matter assume agreed thus nless parties clearly unmistakably provide otherwise question whether parties agreed arbitrate decided arbitrator technologies communications workers validity written agreement arbitrate whether legally binding opposed whether fact agreed including course whether void unconscionability governed provision shall valid save upon grounds exist law equity revocation contract grounds include course requirement lack unconscionability must clear unmistakable grounds first options added agreements arbitrate gateway issues applies written agreements arbitrate issue agreement validity different issue whether agreement parties ever concluded buckeye check cashing cardegna address former dissent calls breezy assertion post seems us dissent comes discussing point post gives logical reason agreement arbitrate one controversy claim severable agreement arbitrate different controversy enforceability none since dissent accepts invalidity one provision within arbitration agreement necessarily invalidate provisions post believe sort magic bond arbitration provisions prevents severed according dissent fine sever invalid provision within arbitration agreement severability matter state law severability allowed comes applying prima paint flood conklin mfg jackson argument fails severability rule matter substantive federal arbitration law repeatedly rejected view question one state law state law held arbitration provision severable challenge contract whole decided buckeye citing prima paint southland keating terminix dobson reason agreement statement provisions severable see app affect analysis hall street associates mattel decided jackson submitted brief ninth circuit change conclusion forfeited argument jackson submitted supplemental brief year half decision hall street march ninth circuit judgment september moreover hall street affirmed rule place ninth circuit since footnotes although clear precedents understand gateway matters questions arbitrability roughly synonymous exactly least former includes latter gateway issues involving scope otherwise valid arbitration agreement also statutory origin section faa provides upon satisfied issue involved suit referable arbitration agreement shall stay trial action arbitration expressly decided whether first options delegation principle apply questions arbitrability implicate concerns grounds contract revocation need weigh issue order resolve present case revers presumption counter presumption usually apply favor arbitration question concerns whether particular dispute falls within scope concededly binding arbitration agreement first options first options found clear unmistakable assent delegate arbitrator questions arbitrability given parties conduct respondents case participated arbitration object proceeding arbitration challenge arbitrators jurisdiction kind participation protest preserve legal claims constitute unmistakable assent bound result respondent challenged whether meaningfully agreed terms form agreement arbitrate contends procedurally substantively unconscionable even first options relates manifestations intent see ante emphasis deleted whether meaningful agreement surely bears relation whether one party manifested intent bound agreement question unconscionability case one state law see perry thomas nevada law unconscionability requires showing procedural substantive unconscionability less evidence substantive unconscionability required cases involving great procedural unconscionability horton green understand respondent claimed accord nevada law arbitration agreement contained substantively unconscionable provisions also product procedural unconscionability whole see brief respondent respondent argued clause procedurally unconscionable position unequal bargaining power imposed condition employment identifying three distinct provisions agreement substantively unconscionable accord respondent arguments however understood attacks enforceability agreement whole merely fairness individual contract terms challenges generally arbitrator resolve least long go identity arbitrator ability party initiate arbitration cf restatement second contracts providing contract term thereof may unconscionable latter case remainder contract without unconscionable term may enforced justice black quite reasonably characterized holding prima paint fantastic dissenting opinion holding view inconsistent text faa well intent draftsmen legislation nevertheless narrow holding case followed numerous times see buckeye check cashing cardegna preston ferrer correctly notes today neither party asked us revisit cases ante respondent asserted opposition petitioner motion compel arbitration lack mutuality regarding type claims must arbitrated fee provision discovery provision permeate defendant arbitration agreement impossible sever offending provisions app