Litigation & Arbitration
May 14, 2016
Class arbitration certification: for the court or the arbitrator to decide?
The state Supreme Court is poised to decide whether an arbitration agreement permits class arbitration is a question for the arbitrator or the court.
Deborah Crandall Saxe
Neutral
JAMS
Email: dsaxe@jamsadr.com
Deborah is an arbitrator and mediator based in Southern California. She arbitrates and mediates all kinds of disputes, with a special expertise in employment matters, including ERISA and wage and hour class actions.
Employees or former employees who have signed pre-dispute arbitration agreements as a condition of employment often file class actions against their employers in court. If the employer moves to compel arbitration in a timely manner and the agreement is found to be enforceable, the court must compel arbitration under the Federal Arbitration Act (FAA) and the California Arbitration Act (CAA).
Many employers file motions to compel arbitration on an individual (non-class) basis and trial...
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