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Third Circuit Weighs In on Class Arbitrability Issue
By Michael S. Oberman, Kramer Levin, August 1, 2014
This post has been viewed 2,329 times.
This post has been viewed 2,329 times.
In Opalinski v. Robert Half International, the Third Circuit held that the question whether parties agreed to class arbitration is a substantive gateway arbitrability issue for a court to decide unless the parties “unmistakably provide otherwise.” The Third Circuit noted that only one other circuit—the Sixth—had squarely reached this issue, and the Third Circuit said its opinion was in accord with the Sixth Circuit.
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