Originally from:

Journal of American Arbitration (JAA) - Vol. 6, No. 1

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ARTICLES

A Discussion of the Proper Forum for
Resolving Arbitral Clause Disputes in
Dockser v. Schwartzberg
By Krista L. Klett

I. OVERVIEW
The parties’ dispute arose out of conflicting interpretations of
an arbitration clause in a Definitive Settlement Agreement (DSA).1
This dispute is governed by the Federal Arbitration Act (FAA),
which advocates a liberal policy regarding the enforcement of
valid arbitration agreements.2 The parties did not contest their
contractual obligations to arbitrate the merits of their dispute.
Rather, the Plaintiffs sought a judicial determination of whether a
one-person or three-person panel should preside over the matter.3
In 1998, the plaintiffs, William Dockser, H. William
Willoughby, and C.R.I. Inc., and the defendant, Martin
Schwartzberg, entered into a DSA in an effort to end several years
of litigation about real estate transactions.4 The agreement failed
to resolve the conflict. The defendant alleged that the plaintiffs
failed to pay more than one million dollars pursuant to the DSA,
which provided that such disputes would be resolved through