David James Murphy v. Citigroup Global Markets, Inc., et al.

(1) There is an arbitration agreement and it con­ tains a delegation clause. Respondents argued that Pe­ titioner’s claims are subject to arbitration, under that agreement, and are therefore barred on res judicata by a prior arbitration. Petitioner argued that he is not bound by the arbitration agreement and that his claims cannot therefore be barred on res judicata by the prior arbitration. However, as Petitioner has chal­ lenged the enforceability of the arbitration agreement as a whole, and not the delegation clause specifically, he cross-moved to compel arbitration of arbitrability, pursuant to the severable delegation clause. Should the lower courts have granted Petitioner’s cross-motion and denied or stayed Respondents’ motion to dismiss, at least to the extent it was based on res judicata?