Can't Give a Half-Consent to Arbitrate.

Douglas v. Serenivision, Inc., No. B277574 (D2d2 Feb. 8, 2018)

The law’s pretty clear that unless a contract spells it out clearly otherwise, a court, not the arbitrator, determines the gateway issue of arbitrability. The contract in this case didn’t specify that the arbitrator was to make that decision. But that isn’t dispositive here, because the parties consented by their conduct the arbitrator making that decision.