With no explanation, chose the best option from "A", "B", "C" or "D". 53 . The statements of fact in the plaintiff's Memorandum and the defendant’s Memorandum contain no disputed factual issues. See Plaintiff's Memorandum of Law in Support of Motion for Preliminary Injunction and Summary Judgment ("PL Mem.”), at 5-9; Def. Mem. at 3-6. The disputed issues lie in the interpretation of article 7.2 of the Agreement, which raises only an issue of law. Compare PL Mem. at 17 (arguing that the parties agreed to submit questions of arbitrability to the Court), with Def. Mem. at 5 (arguing that the parties submitted all arbitrability issues to the arbitrator). 54 . See Def. Mem. at 3; PL Mem. at 19. 55 . See PL Mem. at 12. 56 . See id. at 12-15; Agreement at 11. 57 . See Agreement at 11. 58 . See Rule R-9 at 13. See also Louis Dreyfus Negoce S.A., 252 F.3d at 224 (<HOLDING>). But See Contec Corp., 398 F.3d at 211

A: recognizing a presumption of arbitrability when a contract contains an arbitration clause
B: recognizing a strong policy preference in favor of arbitration
C: holding that where the issue is one of arbitrability the federal presumption in favor of arbitration shifts to favor a court determination
D: recognizing that a court must balance the policy in favor of hearing a litigants claims on the merits with the policy in favor of finality
C.