Initiating Arbitration & Arbitrability

Initiating Arbitration

Despite efforts by the Supreme Court to analytically separate the arbitration clause from the terms of the contract, determining who resolves what issue remains. The Ninth Circuit decided waiver of the right to arbitrate, and the right to determine whether a party initiated arbitration, remain a judicial function.

To access the text, all cases are now compiled and edited on www.ArbitrationAdr.com
See, Text, Ch. IV-F-1-b: Objections to Arbitrability