10th Circuit: Arbitrator Must Determine Arbitrability Of Some Of Surgeon’s Claims

(January 10, 2017, 12:02 PM EST) -- DENVER — All of the claims brought by a surgeon who was disciplined for alleged misconduct against the hospital where he was an independent contractor must be submitted to an arbitrator to determine the arbitrability of them in the first instance based on the management services agreement signed by both parties, a 10th Circuit U.S. Court of Appeals panel ruled Jan. 5, reversing in part a trial court’s decision that the arbitrability of only one claim should be decided by the arbitrator (LeGrand P. Belnap, M.D. v. Iasis Healthcare, et al., No. 15-4010, 10th Cir.; 2017 U.S. App. LEXIS 180)....

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