Business Court Confirms Arbitration Award, Holds Parties' Contract Delegated Arbitrability Questions to Arbitrators

In BNSF Railway v. Level 3 Communications, the Business Court granted a motion to confirm and denied a motion to vacate an arbitration award, holding that the parties' Master Right-of-Way Agreement and applicable law gave the arbitration panel authority to decide both substantive and procedural arbitrability questions. The decision reinforces the enforceability of broad arbitration clauses and the limited scope of judicial review when parties have delegated gateway questions to arbitrators.