The Ninth Circuit has rejected Postmates’ request for a determination that the arbitrability of class action claims against it must be determined by the court, not an arbitrator.
The agreement at issue specified for an arbitrator to determine arbitrability, except that “any claim that the Class Action Waiver is ‘unenforceable, unconscionable, void, or voidable shall be determined only by a court of competent jurisdiction and not by an arbitrator.’” Because the dispute did not fall into that narrow exception, the court held “that an arbitrator must decide whether petitioners have violated the Class Action Waiver.”
Bloomberg Law‘s take on the decision can be found here.
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