American Realty Trust

American Realty Trust, Inc. (ART) appeals the trial courts confirmation of an arbitration award in favor of JDN Real Estate-McKinney, L.P. (JDN). We conclude that if an agreement to arbitrate exists with respect to the subject matter of a certain dispute, "procedural" questions that are intertwined with the underlying facts of the dispute, including whether any contractually-based prerequisites to arbitration have been satisfied, are properly left to the arbitrator to decide. Therefore, we affirm the trial courts judgment.