PRETRIAL ADJUDICATION
...Contract Arbitration
......Compelling Arbitration
.........Delegation Clause
6 Cards On This Topic:

Arbitration of city worker furloughs is not an unlawful delegation of discretionary authority to arbitrator, and city is contractually obligated under MOUs to arbitrate the dispute.

Even where arbitration agreement stated it was for the arbitrator, and not the court, to determine arbitrability of plaintiff's claims, court could decide this issue where agreement also stated court could excise unconscionable provisions.

Motion to compel arbitration properly denied where court could properly determine specific challenge to validity of clause delegating issue of enforceability of arbitration agreement to arbitrator.

Because the parties' agreement delegated to the arbitrator the question whether class arbitration was available under the K, that part of the order compelling the arbitration of P's individual claims and dismissing the class claims was reversed.

Delegation clause in arbitration agreement, which provided that issues relating to the agreement's enforceability were delegated to the arbitrator, was not unconscionable.

Trial ct. had no authority to rule on enforceability of arb. agreement where parties' delegation of this authority to the arbitrator was clear and not revocable under state law.