law-arbitration-gateway-issue | who decides: court/judge or arbitrator?

Whether Nonsignatory Is Bound Is a Gatway/Threshold Matter for the Court to Determine
[W]e have concluded that whether an arbitration agreement binds a nonsignatory is a gateway matter to be
determined by the court, rather than the arbitrator, unless the parties clearly and unmistakably provide
otherwise. In re Weekley Homes, L.P., 180 S.W.3d 127, 130 (Tex. 2005); see also
In re Labatt Food Serv., L.P.,
279 S.W.3d. 640, 643 (
Tex. 2009) (when “arbitration agreement is silent about who is to determine whether
particular persons are bound by the agreement, courts, rather than the arbitrator, should determine the issue”).

In re Morgan Stanley & Co, Inc.
No. 07-0665 (Tex. Jul. 3, 2009)(Medina) (arbitration vs. litigation: legal capacity
of party to arbitration agreement,
does the court or the arbitrator decide the issue?)