Charles F. Forer, Charles F. Forer Alternative Resolution Services
Author’s note: This article describes a hypothetical situation.
Arbitration is a matter of contract. You can’t force a party to arbitration if the party did not agree to arbitrate the dispute.
3 minute read
An agreement to arbitrate arbitrability doesn’t have to be in writing. A court will conclude that a party agreed to have the arbitrator decide arbitrability as well as merits issues, even without the party’s written consent, if the party willingly participates in the arbitration without objecting to the arbitrator’s jurisdiction or authority.
November 15, 2022 at 11:12 AM
6 minute read
Author’s note: This article describes a hypothetical situation.
Arbitration is a matter of contract. You can’t force a party to arbitration if the party did not agree to arbitrate the dispute.
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