Timothy Sandquist, Plaintiff and Appellant v. Lebo Automotive, Inc., Defendants and Respo — Kruger, J…

Summary

The dissent would hold that whether an arbitration agreement permits class arbitration is presumptively a gateway question for a court under federal arbitration law, absent clear and unmistakable delegation to the arbitrator. It reasons that class arbitration fundamentally changes the parties’ arbitration bargain and affects absent parties, making it unlike ordinary procedural questions. The dissent would therefore affirm the trial court’s determination that the agreement did not authorize class arbitration.