In Kuehn v. Citibank, N.A., No. 12 Civ. 3287 (S.D.N.Y. Dec. 6, 2012), the Southern District of New York upheld an arbitration clause that provided that all claims relating to the application, enforceability or interpretation of an arbitration provision would be delegated to the arbitrator. On behalf of a purported class of student loan borrowers, plaintiff attempted to have the court determine that the arbitration clause in the loan agreement was unconscionable. The court declined, noting that while in many cases the threshold question of the enforceability of the arbitration agreement as a whole is resolved by the court, that is not appropriate where the parties have agreed in their arbitration clause to delegate that “gateway” question to an arbitrator. Because the plaintiff failed to demonstrate that the delegation agreement was unconscionable, the defendants’ motion to compel arbitration was granted.