Vivid Video, Inc. v. Playboy Entertainment Group, Inc.

*445MOSK, J., Dissenting.

I respectfully dissent.

In article 8 of their agreement (Article 8), the parties agreed to arbitrate “any controversy, dispute or claim under, arising out of, in connection with or in relation to this agreement,” including disputes relating to the “interpretation, construction, coverage, [or] scope” of that agreement. The parties incorporated into their agreement to arbitrate the Commercial Arbitration Rules of the American Arbitration Association (AAA), which provide in rule 7(a) that “[t]he arbitrator shall have the power to rule on his or her own jurisdiction, including…