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Sixth Circuit Encourages En Banc Review of Arbitration Timeliness Disputes

Schipper | 11 December, 2006 10:58

It has been a long-standing judicial precedent that the courts' jurisdiction in determining the arbitrability of arbitration agreements in a collective bargaining agreement is limited to determining whether the dispute is on its face governed by the contract. In other words, courts, not arbitrators, determine if the dispute is to be settled through arbitration. Arbitrators are to make the determination of procedural arbitrability (e.g. whether the parties have complied with procedural requirements under the agreement). (More)

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