Peleg v. Neiman Marcus Group, Inc.

Opinion

MALLANO, P. J.

—Under the Federal Arbitration Act (FAA) (9 U.S.C. §§ 1-16), “arbitration is a matter of contract.” (Steelworkers v. Warrior & Gulf Co. (1960) 363 U.S. 574, 582 [4 L.Ed.2d 1409, 80 S.Ct. 1347]; accord, 9 U.S.C. § 2.) An arbitration contract typically consists of the parties’ mutual promises to arbitrate their claims against each other.

In this employment case, an employer and its at-will employees purportedly entered into a contract requiring the arbitration of claims by both sides. But the contract contains a modification provision stating that the employer may amend,…