The “highly generalized analysis” used in West Country Motor Co. v. Talley, “in essence reiterates the Supreme Court’s concerns regarding the hardships associated with ultra vires arbitration proceedings, is of potential signficance since it implies that some district courts will be disposed to entertin motions to vacate other interlocutory arbitral decisions simply on the grounds that those deisions have the effect of wrongly compelling a party to arbitrate certain claims. While those sorts of issues are considered ‘gateway’ issues that normally are for the courts to decide, more and more arbitrators are now deciding such issues due to the broad grant of authority found in most institutional rules.”
Source: James M. Gaitis. Finality, Ripeness, and Functus Officio: The Interlocutory Arbitral Award Conundrum. Journal of the ACCL. Vol. 7, No. 2. pg. 33-34. 2013.
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