In This Issue:
U.S. Supreme Court Rules on Class Arbitrations; ADR CONVERSATIONS; ADR News & Case Updates; DOMESTIC FOCUS - Handling the Oncoming Tide of Generic Top-Level Domain Name Disputes; GOOD WORKS - Innovative Program Teaches Mediation Skills to American and Middle Eastern Teens; WORTH READING - Anatomy of a Mediation; and INTERNATIONAL FOCUS - JAMS Ireland Set to Provide Clients with High-Quality ADR Services.
Excerpt from U.S. Supreme Court Rules on Class Arbitrations -
Two recent cases ruled on by the U.S. Supreme Court will have significant implications for class actions in arbitrations. American Express Co. v. Italian Colors Restaurant and Oxford Health Plans LLC v. Sutter address the mechanics and viability of collective adjudication in alternative dispute resolution.
The Amex case analyzed whether the Federal Arbitration Act (FAA) permits courts to invalidate routine arbitration agreements that mandate bilateral arbitration—over class arbitration—of a federal claim. The Supreme Court decided that an arbitration agreement that precludes arbitration brought by a class of plaintiffs is enforceable under the FAA even if the proposed class of plaintiffs proves that it would be economically infeasible for individuals to pursue arbitration on their own.
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Topics: American Express v Italian Colors Restaurant, Arbitration, Class Action, Class Certification, gTLD, Mediation, SCOTUS
Published In: Alternative Dispute Resolution (ADR) Updates, Civil Procedure Updates, General Business Updates, Intellectual Property Updates, International Trade Updates
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.
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