One role is to enforce such agreements. The Court of Special Appeals ("CSA") recently explored this role in Gannett Fleming, Inc. v. Corman Constr., Inc. , 243 Md. App. 376, 220 A.3d 411 (2019). There, the arbitration agreement identified an independent arbitration service—the American Arbitration Association ("AAA")—to administer the arbitration proceeding.

FACTS AND PROCEEDINGS We set forth a detailed history of this dispute in Shaw I, which we shall not repeat fully here. That said, because "our courts engage with the facts of each case to decide whether the party seeking arbitration has intentionally and unequivocally waived that right," Gannett Fleming, Inc. v. Corman Constr., Inc., 243 Md.App. 376, 398 (2019) (citing BarGale Indus., Inc. v. Robert Realty Co., Inc., 275 Md. 638, 643-44 (1975)), we shall recount factual and procedural history relevant to consideration of this appeal before reviewing the post-remand proceedings.

"When confronted with a petition to compel or to stay arbitration, trial courts are to consider 'but one thing—is there in existence an agreement to arbitrate the dispute sought to be arbitrated?'" Gannett Fleming, Inc. v. Corman Constr., 243 Md. App. 376, 390 (2019) (quoting Stauffer Constr. Co. v. Bd. of Educ., 54 Md. App. 658, 665 (1983)). In answering that question, a court must rely "on contract principles since arbitration is a matter of contract."

'”Cain v. Midland Funding, LLC, 452 Md. 141, 161 (2017) (quoting Hovnanian Land Inv. Grp., LLC v. Annapolis Towne Ctr. at Parole, LLC, 421 Md. 94, 122-23 (2011)). “[W]hether there has been a waiver of a contractual right involves a matter of intent that ordinarily turns on the factual circumstances of each case.” Frank, 294 Md. at 449 (quoting Chertkof v. Southland Corp., 280 Md. 1, 5-6 (1977). “If waived, the right to compel arbitration is ‘regarded as having been voluntarily relinquished and thus treated as though it had never existed.'” Gannett Fleming, Inc. v. Corman Constr., Inc., 243 Md.App. 376, 393 (2019) (quoting Stauffer Construction Co. v. Board of Education of Montgomery County, 54 Md.App. 658, 668 (1983)). “[C]ourts ‘apply the ordinary state-law principles that govern the formation of contracts' in reviewing a challenge to a party's failure to arbitrate.”

"Through arbitration agreements, parties forgo the judicial forum otherwise available to settle their disputes and commit to resolve the matter privately." Gannett Fleming, Inc. v. Corman Constr., Inc., 243 Md.App. 376, 289 (2019). "By contract, they determine what is subject to arbitration-the substantive scope of the arbitration clause- and also define the procedural rules to be followed when a dispute arises.

"Through arbitration agreements, parties forgo the judicial forum otherwise available to settle their disputes and commit to resolve the matter privately." Gannett Fleming, Inc. v. Corman Constr., Inc., 243 Md.App. 376, 289 (2019). "By contract, they determine what is subject to arbitration-the substantive scope of the arbitration clause- and also define the procedural rules to be followed when a dispute arises.

Because "our courts engage with the facts of each case to decide whether the party seeking arbitration has intentionally and unequivocally waived that right," Gannett Fleming, Inc. v. Corman Constr., Inc., 243 Md.App. 376, 398 (2019), we shall carefully review the lengthy history of this case.

(Bold emphasis added; footnote omitted.) In Gannett Fleming, Inc. v. Corman Construction, Inc., 243 Md. App. 376, 391-92 (2019), we described appellate review of a circuit court's order compelling arbitration: The role of appellate courts in these cases is well-settled.

"In granting or denying petitions to stay or compel arbitration, courts should not delve into the merits, bona fides or factual basis of the claim to be arbitrated." Gannett Fleming Inc. v. Corman Construction, Inc., 243 Md.App. 376, 390 (2019).

Appellants are certainly correct that, in Maryland, it is the role of courts to resolve disputes as to the validity or enforceability of arbitration agreements. See, e.g., Holmes v. Coverall North America, Inc., 336 Md. 534, 546 (1994); Gannett Fleming, Inc. v. Corman Constr., Inc., 243 Md. App. 376, 390 (2019). However, this general principle doesn't assist appellants in the case before us.