California Supreme Court
Aug. 13, 2016
High court: arbitrator decides if class arbitration is available
There is a vibrant debate among federal and state courts as to whether classwide arbitration is authorized when an arbitration agreement is silent or ambiguous on the topic. By Zuzana S. Ikels and John Sheehan
There is a vibrant debate among federal and state courts as to whether classwide arbitration is authorized when an arbitration agreement is silent or ambiguous on the topic. The wide-ranging caselaw is usually explained by the distinctions between the particular arbitration agreement at issue. But the disparity in outcomes also reflects the competing policy concerns of the judiciary related to class action, du...
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