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The article discusses the right to arbitrate a dispute as a right that emerges from a contract. Topics covered include the Federal Arbitration Act (FAA) prescribing the courts' gatekeeping role in the enforcement of contract rights, the issues that the court should address in determining arbitrability, and the application of the Arbitration Clause.

The article discusses the arbitrability options of the U.S. Supreme Court in an international arbitration case Republic of Argentina v. BG Group PLC. Topics covered include arbitrability, bilateral investment treaty (BIT) and the U.S. Solicitor General (SG) brief that recommends the petition for certiorari be denied. Also mentioned are the preconditions to arbitration, the gateway question, and the Vienna Convention on the Law of Treaties.

The article focuses on arbitral tribunal's right to determine preclusion of a prior award. Topics include lawsuit of insurance firms National Casualty Co. and Employers Insurance Co. of Wausau related to a prior arbitration's preclusive effect confirmed by a federal court, defendant in the case OneBeacon American Insurance, the U.S. Court of Appeals for the First Circuit referring to the U.S. Federal Arbitration Act (FAA) and authority of the tribunal to decide preclusive effect.

The article discusses the court case Cape Flattery, Ltd. (CFL) versus v. Titan Maritime LLC. A unanimous Ninth Circuilt panel held a dispute over damages arising from severe injury to coral formations was not subject to arbitration under an agreement between CFL, the vessel's owner and Titan Maritime, the salvage contractor. The panel decision appears to conflict with other circuit-court opinions on arbitrability, notably Highlands Wellmont Health Network v. John Deere Health Plan.

The article discusses the U.S. Supreme Court case KPMG LLP vs. Cocchi which deals with arbitration and the Federal Arbitration Act (FAA). The court held that when a complaint contains multiple claims, the arbitrability of each claim must be addressed by the court and that arbitrable claims must be sent to arbitration even the ruling leads to piecemeal litigation. The court also explained how the FAA requires courts to compel arbitration of pendent arbitrable claims.

The article discusses the court case Sheppard v. J-M Manufacturing Co. concerning the role of the courts in determining the fate of arbitration clauses in situations where the validity of the underlying contract is under attack. Topics mentioned include the Federal Arbitration Act, the California Rules of Professional Conduct, and a challenge to the legality of an entire contract that contains an arbitration provision under California law.

The article discusses the Opalinski v. Robert Half International, Inc. court case in which the U.S. Court of Appeals for the Third Circuit concluded that classwide arbitration status should be determined by the court, not by an arbitrator. It notes that the Third Court joined the Sixth Circuit in its interpretation. Topics include expectation of contracting parties as a crucial element in determining arbitrability, reasons why it is a question of arbitrability, and tips for practitioners.

The article reports that according to the U.S. Court of Appeals for the Third Circuit bilateral versus classwide arbitration should be considered as an issue of arbitrability. Topics discussed include the need for courts to determine arbitrability of classwide arbitration as stated in the Opalinski v. Robert Half International Inc. lawsuit, submitting a case to arbitration to be treated as a gateway issue and courts rather than arbitrators to decide the issue.