Washington Supreme Court Prohibits Judicial Review During Arbitration.

In a unanimous opinion delivered by Justice Johnson, the Washington Supreme Court affirmed that in private arbitrations conducted pursuant to the Federal Arbitration Act (“FAA”), courts may not entertain “interlocutory appeals” or challenges to arbitrator rulings that precede the final award. Rather, court jurisdiction is limited to pre-arbitration determinations of arbitrability and post-arbitration review of the arbitration award. “When the parties elect to resolve their dispute through arbitration under the FAA, courts are generally limited to determining enforceability disputes before arbitration begins and reviewing arbitration awards when arbitration is complete.” See Burgess v. Lithia Motors, Inc.

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