Synopsis By: Strongin - Proceeding Author: Harold W. Davey, Jules J. Justin

An examination of the differences between arbitrability and jurisdiction. Author Justin posits that an arbitrator serves as parties’ agent, with the arbitrator’s award viewable as a contract of settlement, and that, while questions of arbitrability can be submitted either to the arbitrator or to a court, submission to an arbitrator who will also decide the substantive merits of the dispute has the advantage of assuring that the arbitrability will be resolved coextensive with the typical no-strike clause. Examples of disputes regarding the nature and extent of the arbitrator’s authority are presented. Author Davey argues in favor of bifurcating the issue of arbitrability from the merits.