Litigation
Sep. 3, 2016
Courts still wrestling with arbitration question
Federal and state courts have long struggled with the role that arbitrators should play in determining whether an arbitration agreement permits or prohibits classwide arbitration. By Cary D. Sullivan and Chris Waidelich
Cary D. Sullivan
Partner
Jones Day
Phone: (949) 553-7513
Univ of San Diego School of Law
Cary is a partner in the firm's Business & Tort Litigation practice.
Federal and state courts have long struggled with the role that arbitrators should play in determining whether an arbitration agreement permits or prohibits classwide arbitration. Last month, in Sandquist v. Lebo Automotive Inc., 1 Cal. 5th 233 (2016), the California Supreme Court provided a definitive answer - the determination should be made by the arbitrator. While this remains an open issue in...
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