Answers Sought to Question: ‘Who Decides Arbitrability?’
August 13, 2001
Should a court, rather than an arbitrator, determine whether or not a claim is subject to arbitration? Could it rule that the disputed arbitration agreement is unconscionable if the agreement leaves the consumer with very few options? A Texas-based finance company has asked the U.S. Supreme Court for an opinion after the Alabama Supreme Court, on a 5-4 vote, answered affirmatively to both questions in December of last year.