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.”

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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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