The Kingdom of Thailand appeals from a judgment of the United States District Court for the Southern District of New York (Batts, J.) confirming an arbitration award in favor of appellee Schneider, the insolvency administrator of Walter Bau AG. We conclude that the district court, before performing a deferential review of the arbitration award, should have determined whether there was clear and unmistakable evidence that the parties agreed that the scope of the arbitration agreement would be decided by the arbitrators. Nevertheless, we conclude that such clear and unmistakable evidence exists in the record. AFFIRMED.