What is the test for whether a party has submitted a dispute to arbitration?
California, United States of America
The following excerpt is from Citizens of Humanity v. Applied Underwriters, Inc., 17 Cal.App.5th 806, 226 Cal.Rptr.3d 1 (Cal. App. 2017):
"The question whether the parties have submitted a particular dispute to arbitration, i.e., the question of arbitrability, is an issue for judicial determination [u]nless the parties clearly and unmistakably provide otherwise. [Citations.]" ( Howsam v. Dean Witter Reynolds (2002) 537 U.S. 79, 83, 123 S.Ct. 588, 154 L.Ed.2d 491.) "Courts should not assume that the parties agreed to arbitrate arbitrability unless there is clea[r] and unmistakabl[e]
[226 Cal.Rptr.3d 6]
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