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Determining Arbitrability Of The Dispute: The Clear And Unmistakable Standard For Choice Of Law In Arbitration Agreements , Kristen Sanocki

Journal of Dispute Resolution

This note will also address the "clear and unmistakable" standard adopted by the Ninth Circuit and used to determine whether or not parties have agreed to apply non-federal arbitrability law. Based on the Ninth Circuit's reasoning in Cape Flattery Ltd. v. Titan Mar., LLC, this Note concludes that the court properly extracted a standard normally used to determine whether a court decides arbitrability as applicable to determining whether parties have sufficiently contracted for non-federal arbitrability law. Lastly, this Note will address the interpretation of arbitration clauses under federal law.