What is the test for an arbitration clause in a personal injury claim?

MultiRegion, United States of America

The following excerpt is from Lodge 1327, Int. Ass'n of Mach. & AW v. Fraser & Johnston Co., 454 F.2d 88 (9th Cir. 1971):

The controlling principles are clear. "An order to arbitrate the particular grievance should not be denied unless it may be said with positive assurance that the arbitration clause is not susceptible of an interpretation that covers the asserted dispute. Doubts should be resolved in favor of coverage." United Steelworkers v. Warrior & Gulf Navigation Co., 363 U.S. 574, 582-583, 80 S.Ct. 1347, 1353, 4 L.Ed.2d 1409 (1960).

Other Questions


Does a clause in an arbitration agreement that "delegates to the arbitrators the authority to determine any of the provisions of the arbitration clause" constitute an agreement to arbitrate threshold issues? (MultiRegion, United States of America)
How do you deal with a claim of personal injury in a personal injury case? (MultiRegion, United States of America)
How have courts dealt with personal injury claims in personal injury cases? (MultiRegion, United States of America)
What is the test for assessing personal injury fees in a personal injury case? (MultiRegion, United States of America)
Under what circumstances will the trustee of a personal injury claim against a person who has recently died? (MultiRegion, United States of America)
How has the Board of Arbitration for Human Rights applied the appropriate legal standards in its analysis of personal injury claims? (MultiRegion, United States of America)
What is the standard of damages for personal injury damages in personal injury cases? (MultiRegion, United States of America)
Does a client who relies on his attorney for personal injury purposes have an obligation to timely filing in a personal injury case? (MultiRegion, United States of America)
Is a broad arbitration clause applicable in a personal injury case? (MultiRegion, United States of America)
What is the state's position on personal injury law in the context of personal injury cases? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.