Name: The Arbitrability Puzzle: Key Challenges and Responses
Uploaded: 2026-05-08T09:00:00-07:00
Description: This presentation will describe both substantive and procedural arbitrability challenges and responses to them. It will cover sample arbitrability scenarios, provide arbitrability resources, and discuss U.S. Supreme Court decisions on arbitrability.

Justia Connect Webinars The Arbitrability Puzzle: Key Challenges and Responses

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Overview AI Webinar Summary

The Arbitrability Puzzle: Key Challenges and Responses

This presentation will describe both substantive and procedural arbitrability challenges and responses to them. It will cover sample arbitrability scenarios, provide arbitrability resources, and discuss U.S. Supreme Court decisions on arbitrability.

Topics covered include:

Negotiation, Mediation, & Arbitration Contracts Employment Law Law Practice

Agenda:

Introductory Overview

How knowing about arbitrability issues will help you as an advocate or a neutral practitioner

Substantive Arbitrability Challenges & Responses

Principles of contract interpretation that could throw out your claim
Election of forums and the impact on your case
Options for resolving a substantive arbitrability challenge

Procedural Arbitrability Challenges & Responses

Timelines and parties’ practices with timelines
What does the arbitration demand say?
Ripeness of the dispute or issue to be arbitrated
Individual vs group vs class action claims
Specific events/decisions vs claims of a continuing nature

Arbitrability Scenario re Substantive Arbitrability

Have an opportunity to consider how to rule on a substantive arbitrability challenge

Arbitrability Scenario re Procedural Arbitrability

Have an opportunity to consider how to rule on a procedural arbitrability challenge

Arbitrability Resources and Rulings

Overview of American Arbitration Association (AAA) and JAMS rules that govern how arbitrability challenges are handled
Court authority over arbitrability questions vs delegation to the arbitrator

Options for Parties to Consider in Addressing Arbitrability Issues

Audience Questions & Answers

Duration of this webinar: 60 minutes

Originally broadcast: May 8, 2026 9:00 AM PT

Webinar Highlights

This webinar is divided into section summaries, which you can scan for key points and then dive into the sections that interest you the most.

00:00 Substantive Arbitrability Challenges

Donna Lurie, an experienced arbitrator and mediator, will discuss challenges and responses related to substantive and procedural arbitrability. Donna begins by explaining substantive arbitrability challenges, where disputes arise over whether a contract covers a specific issue. She provides examples, such as employment contracts not covering certain expenses or housing issues in Alaska being governed by external laws rather than contracts. Donna emphasizes the importance of understanding contract language in determining arbitrability.

09:28 Procedural Arbitrability Challenges

Donna discusses procedural arbitrability challenges, noting that timeliness is a common procedural challenge. Arbitrators often consider whether parties adhere to timelines or have a practice of ignoring them. She also addresses challenges related to the ripeness of grievances and the proper party to a dispute, using examples from labor cases. Another set of challenges involves whether a case is an individual or group claim or grievance.

20:31 Example Scenarios

Donna presents a scenario involving employment arbitration, where an employee filed both an EEOC claim and a demand for arbitration for discrimination. The employer insists on arbitration to avoid defending claims in multiple forums, raising the question of whether the discrimination claims are arbitrable. She discusses a second scenario involving a grievance over overtime assignments, where timeliness and procedural arbitrability are challenged. Donna highlights the importance of understanding contract language, past practices, and the timing of objections in determining procedural arbitrability.

35:06 The Role of the Arbitrator

Donna describes how arbitrators can rule on their own jurisdiction and the validity of arbitration agreements under AAA rules. She warns that failing to object to arbitrability at the appropriate time can result in waiving the right to challenge it later. Donna discusses a court case where parties delegated arbitrability to an arbitrator, and the court respected that decision, emphasizing the importance of reviewing arbitration clauses. She outlines her approach to handling arbitrability challenges alongside the merits of a case to expedite proceedings and reduce costs.

46:09 Supreme Court Cases on Arbitration

Donna references the Steelworkers Trilogy of cases by the U.S. Supreme Court, which established a presumption of arbitrability, and recent cases emphasizing the importance of delegation clauses in arbitration agreements. Donna describes cases involving Coinbase, where courts ruled on whether lawsuits should be paused during arbitration appeals, emphasizing the need to understand contract language and court rulings. She explains that courts generally defer to arbitrators on procedural arbitrability but may scrutinize substantive arbitrability more closely.

Please note this AI-generated summary provides a general overview of the webinar but may not capture all details, nuances, or the exact words of the speaker. For complete accuracy, please refer to the original webinar recording.

Speaker

Donna Lurie Arbitrator and Mediator
Lurie Workplace Solutions

Donna Lurie is an independent arbitrator, mediator, and trainer. She serves on the AAA Labor & Employment Panels, Consumer Panels for AAA and NAM, FMCS Grievance Panel, Washington PERC Panels, Oregon ERB Panel, California PERB Panel, Alaska Arbitration Panel, Montana Board of Personnel Appeals, and the King County Personnel Board. Donna has 40+ years of experience in labor relations, arbitrations, workplace mediations, negotiations, grievance processing, trial work, and administrative hearings. Contact Donna at www.luriesolutions.com

Continuing Legal Education (CLE) Credits

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Alaska CLE

Status: Approved

Format: Live (Virtual), On-Demand

Credits: 1.00 General

Earn Credit Until: May 7, 2031

California CLE

Status: Approved

Format: Live (Virtual), On-Demand

Credits: 1.00 General

Earn Credit Until: June 30, 2026

Hawaii CLE

Status: Approved

Format: Live (Virtual), On-Demand

Credits: 1.00 General

Earn Credit Until: May 7, 2028

Illinois CLE

Status: Approved

Format: On-Demand

Credits: 1.00 General

Earn Credit Until: May 7, 2028

New Jersey CLE

Status: Approved

Format: Live (Virtual), On-Demand

Credits: 1.20 General

Earn Credit Until: May 7, 2027

North Carolina CLE

Status: Approved

Format: On-Demand

Credits: 1.00 General

Earn Credit Until: February 28, 2027

Ohio CLE

Status: Approved

Format: On-Demand

Credits: 1.00 General

Earn Credit Until: December 31, 2026

Pennsylvania CLE

Status: Approved

Format: On-Demand

Credits: 1.00 Substantive Law, Practice, and Procedure

Earn Credit Until: May 7, 2028

Texas CLE

Status: Approved

Format: On-Demand

Credits: 1.00 General

Earn Credit Until: April 30, 2027

Vermont CLE

Status: Approved

Format: Live (Virtual), On-Demand

Credits: 1.00 General

Earn Credit Until: May 8, 2031

This presentation is approved for one hour of General CLE credit in Alaska, one hour of General CLE credit in California, one hour of General CLE credit in Hawaii, one hour of General CLE credit in Illinois, one hour of General CLE credit in North Carolina, one hour of General CLE credit in Ohio, one hour of Substantive Law, Practice, and Procedure CLE credit in Pennsylvania, and one hour of General CLE credit in Vermont. This program has been approved by the Board on Continuing Legal Education of the Supreme Court of New Jersey for 1.20 hours of total CLE credit. This course has been approved for Minimum Continuing Legal Education credit by the State Bar of Texas Committee on MCLE in the amount of 1.00 credit hours.

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