Missouri Court of Appeals, Eastern District / Dec 5, 2023
Liana Valle, Respondent, vs. The Shack Restaurant Group, LLC d/b/a The Shack, Appellant.
Liana Valle sued The Shack Restaurant Group for sex discrimination and retaliatory discharge. The Shack moved to dismiss and compel arbitration, arguing Valle had signed an arbitration agreement with a delegation provision. The circuit court denied the motion without explanation. The appellate court reversed, holding that the arbitration agreement contained a valid delegation provision, supported by mutual promises, which granted the arbitrator exclusive authority to decide threshold issues of arbitrability, including challenges to consideration for the entire agreement.