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Home / Local / Courts, not arbitrators, should decide if agreement allows class arbitration

Courts, not arbitrators, should decide if agreement allows class arbitration

Whether an arbitration agreement authorizes class arbitration is a threshold question for a court, rather than an arbitrator, to decide, according to the 8th U.S. Circuit Court of Appeals. Unless the parties’ agreement expressly delegates the issue to an arbitrator, a court must be the decision-maker because of the fundamental differences between bilateral and class arbitration, ...
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