Striking Down Class-Action Waivers in Arbitration: Freedom of Contract vs. Fairness of Contract

Determining the enforceability of mandatory class-action waiver provisions in arbitration clauses is not merely an academic exercise for those sheltered within ivory tower walls. Indeed, a number of important legal and public policy implications underlie such a determination.

In a recent decision, In re American Express Merchants Litigation, the 2nd U.S. Circuit Court of Appeals rendered a class-action waiver provision in the mandatory arbitration clause of a commercial contract between a charge card carrier and its merchants unenforceable.

Please see full article below for more information.

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

Published In: Alternative Dispute Resolution (ADR) Updates, Civil Procedure Updates, General Business Updates, Constitutional Law 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.

© Michael Diaz Jr. - Diaz Reus International Law Firm | Attorney Advertising

Don't miss a thing! Build a custom news brief:

Read fresh new writing on compliance, cybersecurity, Dodd-Frank, whistleblowers, social media, hiring & firing, patent reform, the NLRB, Obamacare, the SEC…

…or whatever matters the most to you. Follow authors, firms, and topics on JD Supra.

Create your news brief now - it's free and easy »