MARCH 2025 | 9 THE OKLAHOMA BAR JOURNAL Statements or opinions expressed in the Oklahoma Bar Journal are those of the authors and do not necessarily reflect those of the Oklahoma Bar Association, its officers, Board of Governors, Board of Editors or staff. to compel arbitration based on its user agreement, and the district court denied the motion to compel on the grounds that the arbitration clause and delegation clause were unconscionable. On appeal, the U.S. Court of Appeals for the 9th Circuit denied Coinbase’s motion to stay. The Supreme Court granted certiorari and held that a district court must stay its proceedings while an interlocutory appeal is taken pursuant to 9 U.S.C. §16(a) when the question of arbitrability is ongoing.6 CONCLUSION The evolving landscape of arbitration underscores the importance of vigilance in both consumer and legal contexts. Hidden arbitration clauses, enforceability in scenarios involving subsequent purchasers and their binding nature on thirdparty beneficiaries demand careful examination of agreements and transactional documents. Moreover, recent judicial interpretations – such as those in Lennar Homes v. Whiteley, SCI Texas Funeral Services v. Gonzalez and Coinbase, Inc. v. Bielski – illustrate the judiciary’s readiness to enforce arbitration clauses even when consent is not explicitly granted. These developments emphasize the necessity for legal practitioners to anticipate arbitration as a potential element in disputes, regardless of its initial visibility. By remaining aware of these trends, attorneys can better navigate the challenges posed by arbitration in both anticipated and unexpected circumstances. ABOUT THE AUTHOR For almost 45 years, Michael W. Johnston has been an active civil litigator. He was first licensed in Texas and then later in Oklahoma. He also has an active arbitration practice that includes serving as a panel member on several national arbitration organizations as well as conducting arbitrations through his individual practice. Beginning in 2020, Mr. Johnston’s practice has been primarily serving as an arbitrator. He has also been a member of the OBA Alternative Dispute Resolution Section for many years, as well as other arbitration-related organizations. ENDNOTES 1. Lamps Plus, Inc., et al. v. Varela (U.S. S. Ct. 2019). 2. Green Tree Financial Corp. Ala. v. Randolph, 531 U. S. 79, 89 (2000). 3. Lennar Homes v. Whiteley, 66 Tex. Sup. Ct. J. 8740. 4. SCI Texas Funeral Services v. Gonzalez, No. 13-21-00453-CV, (Tex. App. Corpus Christi) (Jan. 13, 2022). 5. Coinbase, Inc. v. Bielski, 22-105 (U.S. 2023). 6. Id.
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