Douglass
Douglass v. Serenivision, Inc.
Opinion
lead Opinion
Hoffstadt, J.
*380 There is a "strong presumption that courts should determine the jurisdiction of arbitrators." ( Sandquist v. Lebo Automotive, Inc. (2016) 1 Cal.5th 233 , 249, 205 Cal.Rptr.3d 359 , 376 P.3d 506 ( Sandquist ).) Parties may nevertheless agree to let an arbitrator decide his or her own jurisdiction, at least if their agreement to do so is " 'clear [ ] and unmistakabl[e].' " ( Howsam v. Dean Witter Reynolds, Inc. (2002) 537 U.S. 79 , 83, 123 S.Ct. 588 , 154 L.Ed.2d 491 ( Howsam ).) Does a party clearly and unmistakably consent to have an arbitrator decide his own jurisdiction when that party does not object to the arbitrator's jurisdiction in its answer to the arbitration petition, informs the arbitrator that it is "voluntarily" "submit[ing]" to the arbitrator's jurisdiction, appears at multiple prehearing conferences, formally asks the arbitrator to impose a bond requirement on the opposing party, and only after the arbitrator denies that request tells the arbitrator that its submission to jurisdiction was conditional on obtaining that bond? On these facts, we conclude that such conduct does constitute clear and unmistakable consent to allow the arbitrator to decide the issue of…