Who Is Presumptively Authorized To Order Class Arbitration? Circuit Courts Weigh In

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Recent circuit court decisions have strategic implications for companies facing potential class arbitration claims.

Key Points:

- The Eighth and Ninth Circuits both found in separate cases that the authority to determine whether an agreement allows for class arbitration lies with courts, unless contracting parties specify in advance that an arbitrator should decide all issues.

- Companies that wish to update their contracts and contracting policies in light of the recent decisions should consider specific factors.

Please see full publication below for more information.

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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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