The issue of arbitrability

In the realm of arbitration law, the landmark decision in First Options of Chicago, Inc. v. Kaplan established that the question of arbitrability—whether parties have agreed to submit a particular dispute to arbitration—is a matter for judicial determination unless there is a clear and unmistakable agreement to the contrary. Recently, the Florida Supreme Court reviewed the Second District Court of Appeal's decision in Doe v. Natt, 299 So. 3d 599 (Fla. 2d DCA 2020), which ruled in favor of Airbnb. This article delves into the issue of arbitrability, using the Airbnb case as a focal point. It explores the critical takeaways from the case, emphasizing how the court's decision aligns with or deviates from established arbitration principles. The discussion aims to provide a nuanced understanding of arbitrability, offering insights into the judicial reasoning that underpins such determinations and the implications for future arbitration agreements. By dissecting the Airbnb case, this paper sheds light on the evolving landscape of arbitration law and the judiciary's role in resolving questions of arbitrability.