By Gilbert Samberg (October 16, 2018, 12:39 PM EDT) -- The U.S. Supreme Court has pointed out consistently in recent years that the relatively new construct of "class arbitration" is very different from your uncle's classic bilateral arbitration. ("Class arbitration" signifies the utilization of a class action protocol (Federal Rule of Civil Procedure 23) in an arbitration proceeding.) One might expect, therefore, that the adjudication of issues concerning the one would differ from the adjudication of the same issues concerning the other. Delegation of the arbitrability question is one such issue. Have the lower federal courts adopted such a view? Count the Eleventh Circuit as another that, in JPay Inc. v. Kobel, has decided against it, and that whether the "class arbitrability" issue has been delegated to an arbitrator should be adjudicated using the same criteria as are applied to that issue with respect to bilateral arbitration.[1]...