JAMS Dispute Resolution Alert - Vol. 10, No. 2 • Winter 2011


In This Issue:

ADR News & Case Updates; In Depth; ADR Conversations; International Focus; Good Works; Worth Reading.

ADR News

Supreme Court Hears Debate on Class Action Ban in Arbitration Contracts

U.S. Supreme Court justices engaged with counsel in a spirited debate over whether a holding that an arbitration agreement that contains a class action waiver is unconscionable and unenforceable under state law is preempted by the Federal Arbitration Act (FAA).

The question presented in AT&T Mobility v. Concepcion (No. 09-893, cert. granted 5/24/2010) is “whether the Federal Arbitration Act preempts States from conditioning the enforcement of an arbitration agreement on the availability of particular procedures – here, class-wide arbitration – when those procedures are not necessary to ensure that the parties to the arbitration agreement are able to vindicate their claims.”

Please see full alert below for more information.

LOADING PDF: If there are any problems, click here to download the file.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© JAMS | Attorney Advertising

Written by:


JAMS on:

Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.