Who Can Decide Whether 'Class Arbitration' Is Authorized?
By Gilbert SambergJuly 30, 2018, 12:10 PM EDT
Law360 (July 30, 2018, 12:10 PM EDT) -- Who may determine whether “class arbitration” has been authorized by the parties to an arbitration agreement — a court, an arbitrator, either? Considering the nature of “class arbitration,” is this a special case of the arbitrability delegation issue, or is this issue sui generis? And what does exploring the issue reveal about the larger question of whether “class arbitration” is an oxymoron?
The starting point for any analysis concerning arbitration is that it is a creature of contract. It is what the parties to an arbitration agreement...