Which of the following is NOT one of the five threshold issues to decide arbitration applicability?

Which of the following is NOT one of the five threshold issues to decide arbitration applicability?

• A. Did the parties Agree to Arbitrate
• B. Is the dispute within the scope of the arbitration clause
• C. Is the arbitration clause valid
• D. Is there a checklist for the arbitrator before hearing

Answer: (D)

Determining whether arbitration applies hinges on whether there is a valid agreement to arbitrate, whether the dispute falls within the scope of that agreement, and whether the arbitration clause itself is valid and enforceable. These questions decide, before any merits, if the case should be resolved through arbitration rather than court. A checklist for the arbitrator before hearing is a procedural matter that comes up once arbitration is underway, not a preliminary hurdle to determine applicability. So that option does not fit as one of the threshold issues.

Determining whether arbitration applies hinges on whether there is a valid agreement to arbitrate, whether the dispute falls within the scope of that agreement, and whether the arbitration clause itself is valid and enforceable. These questions decide, before any merits, if the case should be resolved through arbitration rather than court. A checklist for the arbitrator before hearing is a procedural matter that comes up once arbitration is underway, not a preliminary hurdle to determine applicability. So that option does not fit as one of the threshold issues.