Silence may be golden, but it does not clearly compel the arbitration of class claims. In Robinson v. Home Owners Management Enterprises, the Texas Supreme Court held that: “(1) arbitrability of class claims is a ‘gateway’ issue for the court unless the
arbitration agreement ‘clearly and unmistakably’ expresses a contrary intent; (2) ‘[a] contract that is silent on a matter cannot speak to that matter with unmistakable clarity’; and (3) an agreement to arbitrate class claims cannot be inferred from silence or ambiguity—an express contractual basis is required.” No. 18-0504 (Nov. 22, 2019) (footnotes omitted).