BRYAN, Justice.
Regions Bank ("Regions") appeals from an order denying its motion to compel arbitration. We reverse and remand.
In 1999, Jerry Wayne Neighbors obtained from Union Planters Bank a loan in the amount of $64,100, which was secured by a mortgage on real property owned by Neighbors and his then wife. Regions is the successor in interest to Union Planters Bank. As part of the loan transaction, Neighbors executed a dispute-resolution
In 2008, a loan-modification agreement was executed, purportedly amending the mortgage. Neighbors denies that he signed the loan-modification agreement; he claims that his signature on that document was forged. The loan-modification agreement also contains an arbitration provision.
In 2013, Neighbors sued Regions, alleging that Regions had negligently and wantonly allowed an imposter to forge Neighbors's signature on the loan-modification agreement. Relying on the DRA, Regions moved to compel the arbitration of Neighbors's claims.
Cartwright v. Maitland, 30 So.3d 405, 408-09 (Ala.2009).
Whether a specific dispute falls within the scope of an arbitration agreement is a threshold question of "substantive arbitrability," a term sometimes used by this Court, or simply "arbitrability" as the United States Supreme Court has called it. Brasfield & Gorrie, L.L.C. v. Soho Partners, L.L.C., 35 So.3d 601, 604 (Ala.2009) (discussing the difference between questions of "substantive arbitrability" and "procedural arbitrability"); Howsam v. Dean Witter Reynolds, Inc., 537 U.S. 79, 83-85, 123 S.Ct. 588, 154 L.Ed.2d 491 (2002) (discussing the difference between "questions of arbitrability," which this Court has sometimes referred to as questions of "substantive arbitrability," and "procedural questions," which this Court has sometimes referred to as questions of "procedural arbitrability"). As a threshold matter, a court decides issues of substantive arbitrability "[u]nless the parties clearly and unmistakably provide otherwise." AT & T Techs., Inc. v. Communications Workers of America, 475 U.S. 643, 649, 106 S.Ct. 1415, 89 L.Ed.2d 648 (1986). In this case, the DRA shows that the parties clearly and unmistakably agreed to have an arbitrator, not a court, decide substantive-arbitrability issues concerning the scope of the DRA and, indeed, all issues of "arbitrability." The DRA provides that "Borrower and Lender agree that any questions as to the scope of this Agreement shall be determined by the arbitrator (including, without limitation all issues of ... arbitrability...)." Thus, as an initial matter, the arbitrator must decide whether Neighbors's claims fall within the scope of the DRA.
The trial court erred in denying the motion to compel arbitration. We therefore reverse the order and remand the case for further proceedings consistent with this opinion.
REVERSED AND REMANDED.
STUART, BOLIN, PARKER, MAIN, and WISE, JJ., concur.
SHAW, J., concurs in the result.
MOORE, C.J., and MURDOCK, J., dissent.
MURDOCK, Justice (dissenting).
I respectfully dissent.
I do not agree that the issue of arbitrability was for the arbitrator to decide in this case. Whether the dispute at issue falls within the scope of the dispute-resolution agreement was for the trial court to decide. See Anderton v. The Practice-Monroeville, P.C., 164 So.3d 1094, 1101 (Ala.2014) (Murdock, J., dissenting); Auto Owners Ins., Inc. v. Blackmon Ins. Agency,