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Adj.1.nonarbitrable - not appropriate for or subject to arbitration
arbitrable - appropriate for or subject to settlement by arbitration; "an arbitrable wage and health benefits policy"; "an arbitrable dispute"
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This conclusion is based on the fact that legal issues that are subject to arbitration in one context cannot be said to be inherently nonarbitrable in another.
The Supreme Court stated that the issue was whether the Florida courts could refuse to compel arbitration on four claims based solely on a finding that two of them were nonarbitrable.
Often the issue arises as a constitutional matter, with claims having been made that arbitrating certain matters deemed to be nonarbitrable violates the fundamental right to due process reflected in Article 28 of the Colombian Constitution.
Indeed, most of the reasons given in Wilko have been rejected subsequently by the Court as a basis for holding claims to be nonarbitrable.
17) A second way of stating this idea is to notice that Florida courts teach that contracts providing for arbitration are to be carefully construed so as not to force a nonarbitrable issue into arbitration.
Southland's creative attribution of policy rationales to the FAA might have been supportable if the issue were simply deciding the extent of the FAA's application in a close case for example, whether trial of nonarbitrable issues should be stayed until intertwined arbitrable issues are resolved in arbitration.
The Court in Mitsubishi, while upholding that antitrust claims arising out of international contracts were arbitrable, despite prior holdings finding such claims nonarbitrable in domestic cases,(80) continued to expand the scope of the Convention to accommodate the needs of transnational commerce.
Having failed to do so, the rule must be assumed reasonable and his grievance nonarbitrable.