Who Can Decide Whether 'Class Arbitration' Is Authorized?

By Gilbert Samberg ( July 30, 2018, 12:10 PM EDT) -- Who may determine whether "class arbitration" has been authorized by the parties to an arbitration agreement — a court, an arbitrator, either? Considering the nature of "class arbitration," is this a special case of the arbitrability delegation issue, or is this issue sui generis? And what does exploring the issue reveal about the larger question of whether "class arbitration" is an oxymoron?...

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