Abram Landau Real Estate v. Bevona

In Abram Landau Real Estate v. Bevona, 123 F.3d 69, 73 (2d Cir.1997) the Court noted its reluctance to read First Options of Chicago, Inc. v. Kaplan 514 U.S. 938, 944, 115 S.Ct. 1920, 131 L.Ed.2d 985 (1995) to require courts to make broad arbitration clauses ineffective in assigning arbitrability question to the arbitrator. The Court determined that the arbitrability of the issue in questions should be determined by the arbitrators, not the court, because the parties' agreement included a broadly worded provision with no apparent carve-outs. Id. at 74. The dispute before the court, however, was not over whether the agreement as written would place arbitrability within the arbitrator's authority, but over whether an "evergreen" provision had renewed the agreement after it reached its expiration date. Id. at 74.