Arbitrarily Arbitrating Arbitrability
Some of you may wonder what I do for a living. Well, I read stuff like this:

"Courts should not assume that the parties agreed to arbitrate arbitrability unless there is "clear and unmistakable" evidence that they did so. In this manner the law treats silence or ambiguity about the question "who (primarily) should decide arbitrability" differently from the way it treats silence or ambiguity about the question "whether a particular merits-related dispute is arbitrable because it is within the scope of a valid arbitration agreement" -for in respect to this latter question the law reverses the presumption."

This is why I write a silly blog - to counteract the effect this sort of stuff has on my brain.