However, in 2010, the U.S. Supreme Court ruled in Rent-a-Center, West, Inc.c. Jackson that if an arbitration agreement contains a provision that the arbitrator determines the applicability of the agreement as a whole, if a party challenges that particular provision, a district court may consider the applicability of that provision, but if a party challenges the applicability of the entire agreement, then reviews the provision and the arbitrator decides whether the agreement as a whole is enforceable. Thus, you can be effectively prevented from accessing the courts, even to decide whether you should have access to the courts. A non-solicitation agreement allows you to protect your customers and employees from poaching by former employees and companies you work with. Learn the basics of this type of business contract.