This note will also address the "clear and unmistakable" standard adopted by the Ninth Circuit and used to determine whether or not parties have agreed to apply non-federal arbitrability law. Based on the Ninth Circuit's reasoning in Cape Flattery Ltd. v. Titan Mar., LLC, this Note concludes that the court properly extracted a standard normally used to determine whether a court decides arbitrability as applicable to determining whether parties have sufficiently contracted for non-federal arbitrability law. Lastly, this Note will address the interpretation of arbitration clauses under federal law.
Determining Arbitrability of the Dispute: The Clear and Unmistakable Standard for Choice of Law in Arbitration Agreements ,
2013 J. Disp. Resol.
Available at: https://scholarship.law.missouri.edu/jdr/vol2013/iss1/13