District Court finds it Lacks Personal Jurisdiction where Parties Agreed that Arbitrator would Determine Arbitrability

In CleanSpark Inc. v. Discover Growth Fund, the Court was faced with two contractual provisions, one establishing personal jurisdiction in the S.D.N.Y. and another requiring arbitration elsewhere, and determined that while questions of arbitrability are ordinarily determined by courts, the parties had presented clear and unmistakable evidence of their intention to arbitrate questions of arbitrability.

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