Sec. 5. Arbitration
146 words·~1 min read·
/bill/118/s/5132/is/section-5A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Notwithstanding any other provision of this Act, no predispute arbitration agreement or predispute joint-action waiver, as those terms are defined in section 401 of title 9, United States Code, that relates to a claim arising out of title II, title III, or title V, shall be valid or enforceable. An issue as to whether title II, title III, or title V applies with respect to a dispute shall be determined under Federal law. The applicability of such a title to an agreement to arbitrate and the validity and enforceability of an agreement to which such a title applies shall be determined by a court, rather than an arbitrator, irrespective of whether the party resisting arbitration challenges the arbitration agreement specifically or in conjunction with other terms of the contract containing such agreement, and irrespective of whether the agreement purports to delegate such determinations to an arbitrator.