Arbitrable, Arbitrability and Question of Arbitrability
If you’ve ever been unfortunate enough to be privy to a conversation about arbitration law, you probably heard things like:
“The dispute arguably falls within the scope of the agreement and is therefore arbitrable.”
“Oxford expressly pointed out that none of the parties argued that consent to class arbitration is a question of arbitrability.”
“Did the parties clearly and unmistakably agree to arbitrate arbitrability? Because if they did, questions of arbitrability are arbitrable.”
Arbitration-law parlance is probably more arcane and cryptic than it has to be, but it has been with us for several decades and there’s no indication that it is likely to change any time soon. Learning it may be painful, but is usually well worth the modest effort required.
Today we’ll define in plain English some of the most bandied-about arbitration-law terms: “arbitrable,” “arbitrability” and “question of arbitrability.” And in the process we’ll try to explain why these closely-related terms are significant in matters governed by the Federal Arbitration Act (the “FAA”). Continue Reading »
