Arbitrability
Whether a given dispute may be resolved in arbitration at all.
Substantive arbitrability asks whether the claim falls within the agreement; a separate, jurisdiction-specific question asks whether the subject matter may lawfully be arbitrated. The second matters most internationally: several civil law systems treat consumer disputes as non-arbitrable on public policy grounds, which is one reason mass arbitration has remained a largely American phenomenon.
See also
- Gateway QuestionsThreshold issues of whether a valid agreement exists and whether it covers the dispute.
- New York ConventionThe 1958 treaty governing international recognition and enforcement of arbitral awards.
- Ending Forced Arbitration of Sexual Assault and Sexual Harassment ActThe 2022 federal statute giving claimants the option to void pre-dispute arbitration agreements for sexual assault and harassment claims.
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