California Court of Appeal Upholds Provision Delegating
Authority to Arbitrator to Resolve Disputes Concerning
Enforceability of Arbitration Agreement  On May 15, 2014, the
California Court of Appeal provided positive news to employers
seeking to maintain and enforce arbitration agreements. In Tiri
v. Lucky Chances, Inc., a unanimous First Appellate District
panel reversed a trial court, and enforced a provision
delegating authority to resolve disputes concerning
enforceability of an arbitration agreement to an arbitrator, and
not a court.  Lourdes Tiri was employed as a cook by Lucky
Chances, a card-club casino in Colma. During her employment,
Tiri signed a mutual agreement to arbitrate claims which
contained a “delegation clause.” This clause provided that an
arbitrator, and not a court, would decide any dispute as to
whether the arbitration agreement was enforceable. The
arbitration agreement included a delegation clause that read:
“The Arbitrator, and not any federal, state, or local court or
agency, shal