Perspective
Jan. 13, 2015
Who decides if class arbitration is OK?
Courts are increasingly called upon to determine whether a dispute is covered by an arbitration agreement. By Douglas Winter
The Federal Arbitration Act and the California Arbitration Act reflect a public policy favoring arbitration, and as a result courts are increasingly called upon to determine whether a dispute is covered by an arbitration agreement. The FAA broadly provides for enforcement of arbitration provisions in any contract evidencing a transaction involving commerce. However, as arbitration is a matter of contract, it can be compelled only if the parties ...
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