“Ninth Circuit Remands Order Denying Motion to Compel Arbitration That Failed to Address the Effect of Delegation Clause in Parties’ Arbitration Agreement”

Michael Wolgin of Carlton Fields has posted this article in JD Supra regarding the recent decision in Cipolla v. Team Enterprises, LLC, No. 19-15964 (9th Cir. June 24, 2020). As Mr. Wolgin begins: “The delegation clause in the parties’ arbitration agreement provided that any ‘questions regarding the validity or enforcement of these Dispute Policies shall be delegated and submitted to the arbitrator, including whether the scope of the claim or dispute is subject to arbitration, and whether these Dispute Policies are enforceable as a matter of law.’ The district court, however, ignored the clause and considered the validity and enforceability of the arbitration agreement by analyzing the unconscionability of portions of the agreement other than the delegation clause. That, the Ninth Circuit explained, was error.”

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