A U.S. appeals court on Wednesday said most of a lawsuit challenging background checks performed by Uber
on its drivers should proceed to arbitration.
The 9th U.S. Circuit Court of Appeals in San Francisco said agreements signed by the two Uber drivers who filed the proposed class action lawsuit “clearly and unmistakably” required a private arbitrator, and not a federal judge, to decide whether the claims should be kept out of court.
Get Data Sheet, Fortune’s technology newsletter.
The 2013 lawsuit says Uber violated a federal law and various California laws when it barred the plaintiffs from signing into the service because of issues with their consumer credit reports.
Wednesday’s decision partially reversed a 2015 ruling by a federal judge who said that even if the agreements were clear, they were unfair to the drivers.