213, 217 (1985) ("[T]he Arbitration Act requires district courts to compel arbitration of pendent arbitrable
claims when one of the parties files a motion to compel, even where the result would be the possibly inefficient maintenance of separate proceedings in different forums.
If there is none, the issue, as a matter of law, is not arbitrable
Rather, it simply declared that "the law treats silence or ambiguity about the question who (primarily) should decide arbitrability differently from the way it treats silence or ambiguity about the question whether a particular merits-related dispute is arbitrable
because it is within the scope of a valid arbitration agreement.
In May 2003--more than three years after the complaint was first filed--Travelers moved to stay or dismiss the litigation as to those class members who had arbitrable
antitrust law were not arbitrable
for a variety of reasons, including
115) Similarly, although child support is an arbitrable
issue, decisions of child support are subject to a court's supervisory power to intervene.
69) The Court also confirmed that, contrary to the rule established in Gilmer for individual employment contracts, statutory claims are never presumed to be arbitrable
under a CBA because the courts are in a better position than arbitrators to interpret disputes arising under federal law.
95) In holding antitrust claims arising from international contracts arbitrable
, the Court "avoided placing meaningful yet moderate national restraints on international arbitral adjudication.
However, even in arbitration-friendly jurisdictions, it remains the position that criminal and regulatory matters, and those which affect the capacity or legal status of a person (individual or corporate) including bankruptcy or insolvency, are usually not arbitrable
157) Therefore, courts considering the enforceability of arbitration provisions found in trusts may be able to rely on these statutes to help determine whether certain issues are arbitrable
The court expressed that it was "somewhat hamstrung" by Section 4 of the FAA, under which it had no authority to dismiss or even stay an arbitration once it determined that the dispute was arbitrable
For many arbitrable
disputes, there is no credible argument to do this.