Sixth Circuit: incorporation of AAA Rules delegates “gateway” issue of arbitrability to the arbitrator
By EsqSocial Corporation 01/07/20
Takeaway: We have written a number of articles about class arbitration. See, e.g., Fifth Circuit: arbitrator’s decision to conduct class arbitration cannot be vacated (May 11, 2020). A key issue is whether the parties’ arbitration agreement requires that an arbitrator decide the threshold issue of arbitrability. That is an issue reserved for courts to decide, unless the arbitration agreement assigns the issue to an arbitrator in a “clear and unmistakable” way....<BR />By: <a href="https://www.jdsupra.com/profile/Kilpatrick_Townsend_Stockton/">Kilpatrick Townsend & Stockton LLP</a>