Arbitrator’s Authority to Decide Gateway Issues of Arbitrability

Bender’s Labor & Employment Bulletin September 2016

David W. Garland, Member of the Firm and Chair of the firm’s National Labor and Employment Steering Committee, and Laura C. Monaco, Associate in the Employment, Labor & Workforce Management practice, in the firm’s New York office, authored an article for Bender’s Labor & Employment Bulletin, titled “Arbitrator’s Authority to Decide Gateway Issues of Arbitrability.”

Following is an excerpt:

In Kubala v. Supreme Production Services, the Fifth Circuit Court of Appeals analyzed an arbitration agreement entered into by an employer and its employees, and relying upon the Supreme Court’s 2010 decision in Rent-A-Center, West, Inc. v. Jackson, determined that the parties had clearly and unambiguously agreed to give the arbitrator—and not the court—the exclusive authority to decide threshold questions of arbitrability.