Following Rent-A-Center West Inc. v. Jackson (2010) 130 S.Ct. 2772 and Brennan v. Opus Bank (9th Cir. 2015) 796 F.3d 1125, this decision holds that when an arbitration agreement delegates issues of arbitrability to the arbitrator, a court’s first task is to determine whether the delegation clause itself (rather than the entire arbitration agreement) is enforceable.  If the delegation clause is enforceable, the arbitrator decides whether the arbitration agreement as a whole is enforceable.  Here, the delegation clause was enforceable as it allowed the arbitrator to consider any challenge to enforceability of the arbitration agreement under federal, state or tribal law, and thus did not make it impossible for the borrowers to bring before the arbitrator their challenge to the entire arbitration agreement as a prospective waiver of federal statutory rights because the arbitration agreement chose tribal law to govern the parties’ loan agreement and disputes.  The decision notes that the Second, Third and Fourth Circuits have invalidated similar arbitration agreements by “tribal” lenders, but disagrees with those decisions since they considered enforceability of the entire arbitration agreement before enforceability of the delegation clause.