ADR Update: Enforceability of Arbitration Clauses and Who Decides
By Barbara Reeves Neal
Barbara Reeves Neal is a full-time arbitrator, mediator and special master with JAMS, based in Los Angeles. Ms. Neal, a graduate of Harvard Law School, has practiced as a prosecutor with the US Department of Justice, a partner with Morrison & Foerster, and Associate General Counsel of Southern California Edison and Edison International. Her practice at JAMS focuses on the areas of commercial, insurance, employment, unfair competition, and construction law.
This month’s column discusses two issues that have come to the forefront of employment arbitration law during recent months: under what circumstances are arbitration clauses unenforceable, and who makes that determinationâthe arbitrator or the court?
Gentry Has Been Abrogated, But an Arbitration Agreement That Compels Complete Waiver of Representative Actions Under PAGA Is Unenforceable as a Matter of Public Policy