The U.S. Supreme Court addressed contract terms bearing on the availability of class arbitration in two opinions this term. The first, Oxford Health Plans LLC v. Sutter, confirms a district court’s limited power under the Federal Arbitration Act (the ‘‘FAA’’) to review an arbitrator’s determination that contract language authorizes class arbitration where the parties agreed the arbitrator would decide that question.

The second, American Express Co. v. Italian Colors Restaurant, requires district courts to enforce class arbitration waivers, even where the cost of individual arbitration is arguably prohibitive, and will likely result in non-enforcement of a federal statutory right.

Originally published in Class Action Litigation Report on 9/27/13.

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Topics:  American Express, American Express v Italian Colors Restaurant, Arbitration, Arbitration Agreements, Class Action, Class Action Arbitration Waivers, Contract Interpretation, Federal Arbitration Act, Oxford Health v Sutter, SCOTUS

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