In June of 2016, the United States Court of Appeals for the Ninth Circuit (the ‘Ninth Circuit’) reversed and remanded (1) a decision of the US District Court for the Central District of California (the ‘District Court’), holding that under the Federal Arbitration Act (the ‘FAA’), a party unable to pay the costs of arbitration could litigate her dispute in court despite the existence of an arbitration agreement. The Ninth Circuit articulated two clear directives to explain its decision. This chapter provides an overview of the opinion and addresses the analytical framework sustained by the Ninth Circuit in reaching its decision.

You can access the publication here: http://www.kluwerarbitration.com/document/kli-ka-rba-1453009-n