Howsam v. Dean Witter Reynolds, Inc.
Dean Witter Reynolds sought to enjoin Karen Howsam from arbitrating a dispute with the National Association of Securities Dealers (NASD) on the ground that the dispute was time-barred under NASD rules. The district court held that the parties, in a Client Service Agreement, had ”clearly and unmistakably” agreed that all disputes between the parties, including questions regarding the arbitrability of those disputes, would be determined by an arbitrator rather than by the courts. The court of appeals reversed, holding that the district court erred in finding that the parties ”clearly and unmistakably” agreed to allow an arbitrator, rather than the courts, decide whether specific disputes are arbitrable.
Question Presented:
Whether a court or the arbitrator should determine whether a claim seeking arbitration is time-barred under the rules of the NASD, which provide that ”[n]o dispute, claim, or controversy
shall be eligible for submission to arbitration under this Code where six (6) years have from the occurrence or event giving rise to the act or dispute, claim, or controversy.”
