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p0614 REVIEW DENIED Before denying a motion to compel arbitration on the ground that triable issues exist regarding arbitrability, the court should first determine the gateway issues of whether there was an enforceable arbitration agreement between the parties, and whether the claim involved is covered by the agreement; if both questions are answered in the affirmative, an issue of waiver should be determined by the arbitrator.CitationOMAR v RALPHS (Arbitrability) 118 CA4 955 [See: Howsam v Dean Witter 537 US 79; Armendariz v Foundation Health 24 C4 83, T/AT 9/00]
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