When the arbitration association designated in the consumer contract refuses to arbitrate due to the company's refusal to waive a damages limitation inconsistent with its charter, it isn't a matter of arbitrability that might have to be formally decided by an arbitrator, but a threshold requirement properly decided by the association itself. It speaks to how the agreement operates, rather than whether it applies.
Plaintiff's court claim is not prohibited by the Exclusive Resolution term of the contract, as the plaintiff complied with all arbitration provisions, and claimants can return to court after an arbitration concludes. The return to court is without consideration of the merits of the arbitration, and further arbitration can't be compelled under the contract.