Power Home Solar, LLC v. James Rickenbaugh, et al.
Arbitration Privacy ClassAction
Whether the incorporation of AAA rules into an arbitration agreement constitutes clear and unmistakable evidence that the parties agreed to have an arbitrator determine the availability of class arbitration
QUESTIONS PRESENTED 1. Whether, pursuant to the Federal Arbitration Act, the incorporation of AAA rules into an arbitration agreement constitutes clear and unmistakable evidence that the parties agreed to have an arbitrator determine the availability of class arbitration, where the rules identified by the parties’ agreement are silent as to the availability of class arbitration? 2. Whether the question of the availability of class arbitration is an issue that requires a clear and unmistakable statement of the parties’ intent to delegate the question to an arbitrator beyond what is required to delegate questions of arbitrability in the bilateral context? i