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MassArbitration
Arbitration Procedure

Gateway Questions

Threshold issues of whether a valid agreement exists and whether it covers the dispute.

Formation, validity, and scope. Absent clear delegation these are for the court; with delegation they go to the arbitrator. In mass filings a further practical gateway has emerged — whether a particular claimant is bound at all — which provider gatekeepers now resolve at the administrative stage.

See also

Published for legal professionals. Analysis and summaries only — not legal advice, and no attorney-client relationship is created by use of this site.

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