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Question
In Howsam v. Dean Witter Reynolds, Inc., the court discussed the "question of arbitrability", specifically, what should be decided by courts and what should be decided by arbitrators. With regard to the statute of limitations to begin an arbitration the court said:A.The arbitrator should decide because they are more expert about the meaning of their particular rules.
B.The arbitrator should decide because once a matter has been started in arbitration, the courts are not allowed to interfere and may only rule on appeal after a decision is rendered.
C.The court should decide because whether a statute of limitations has run or not is a gateway question that is solely under a judge's discretion.
D.The court should decide because any procedural matters are always under a courts discretion with the arbitrator's sole job being the determination of facts as they apply to the issue in controversy.
Answer
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