News & Analysis as of

Arbitration Contract Interpretation Supreme Court of the United States

Arbitration is a widely-used method for settling disputes between parties. During arbitration, parties submit their dispute to an impartial third person or party, usually chosen by the parties. Typically, parties... more +
Arbitration is a widely-used method for settling disputes between parties. During arbitration, parties submit their dispute to an impartial third person or party, usually chosen by the parties. Typically, parties to arbitration agree in advance to be bound by the arbitrator's decision. Arbitration is an alternative to litigation, but it shares many of the familiar features of litigation. Namely, parties to arbitration hold hearings before neutral decision-makers, present evidence and argue the merits of their position. Parties often choose arbitration due to its perceived advantages over litigation. Those perceived advantages include greater efficiency and flexibility, and lower costs. less -
Fenwick & West LLP

Top SCOTUS Cases that Matter for Tech, Life Sciences and Games Industries – 2018 Term Preview

Fenwick & West LLP on

As the U.S. Supreme Court kicks off its 2018 term this week, it prepares to take up a series of firsts, including questions about the America Invents Act, securities fraud and privacy-related class action litigation. At the...more

Sheppard Mullin Richter & Hampton LLP

The Contract Is King: The U.S. Supreme Court’s Two Recent FAA Decisions

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...more

Skadden, Arps, Slate, Meagher & Flom LLP

"Business Cases in the US Supreme Court"

The U.S. Supreme Court recently closed its 2012 term with its usual headline-grabbing flurry of June decisions. Several of those decisions, as well as many more that received less publicity, will affect business interests. In...more

Holland & Knight LLP

In Oxford Health, Supreme Court Requires Class-Wide Arbitration of an Individual Claim

Holland & Knight LLP on

In its recent decision in Oxford Health Plans LLC. v. Sutter, 569 U.S. ____ (2013), the U.S. Supreme Court confirmed that parties to an arbitration agreement still face the risk of class arbitration even if the agreement does...more

Ballard Spahr LLP

U.S. Supreme Court Upholds Class Arbitration Ruling Where Parties Asked Arbitrator To Decide the Issue

Ballard Spahr LLP on

In a rare unanimous decision on an arbitration issue, the Supreme Court upheld an arbitrator's ruling permitting the arbitration to proceed on a class-wide basis....more

King & Spalding

Supreme Court Defers to Arbitrator on Class Arbitration

King & Spalding on

On June 10, 2013, the United States Supreme Court unanimously affirmed in Oxford Health Plans v. Sutter an arbitrator's decision to allow class arbitration based on contractual language in a physician's dispute with a health...more

Orrick - Employment Law and Litigation

Oxford Health Plans LLC v. Sutter: You Get What You Bargain For, Including the “Good, Bad, or Ugly”

Ever have that feeling that your arbitrator just doesn’t understand you? You may be right, but there’s not much you can do about it. A recent unanimous ruling by the United States Supreme Court should encourage employers to...more

Fenwick & West LLP

Fenwick Employment Brief - June 2013: U.S. Supreme Court Upholds Classwide Arbitration, Finding Arbitrator “Arguably” (Even if...

Fenwick & West LLP on

In Oxford Health Plans LLC v. Sutter, the United States Supreme Court affirmed an arbitral decision allowing the plaintiff to proceed with classwide arbitration even in the absence of express language to that effect in the...more

Littler

Narrow Supreme Court Ruling Upholds Arbitrator's Decision that Parties' Agreement Permits Class Arbitration

Littler on

In Oxford Health Plans LLC v. Sutter, the United States Supreme Court was asked to determine "whether an arbitrator exceeds his powers under the Federal Arbitration Act by determining that parties affirmatively 'agreed to...more

Morgan Lewis

Supreme Court Upholds Arbitrator’s Decision Regarding Class Arbitration

Morgan Lewis on

Court holds that an arbitrator did not exceed his powers under the Federal Arbitration Act in finding that class procedures were authorized because the parties agreed that the arbitrator could decide the question....more

Troutman Pepper

Supreme Court Holds That Courts Must Defer To Arbitrator’s Decision To Authorize Class Arbitration

Troutman Pepper on

On June 10, 2013, the United States Supreme Court unanimously held in Oxford Health Plans, LLC v. Sutter that an arbitrator’s decision to authorize class arbitration will not be disturbed under Section 10(a)(4) of the Federal...more

Morrison & Foerster LLP

Supreme Court Decision Highlights the Danger of Allowing an Arbitrator to Decide Whether Parties Agreed to Class Arbitration

In Oxford Health Plans LLC v. Sutter, No. 12-135 (U.S. June 10, 2013), the Supreme Court unanimously held that where the parties to an arbitration agreement authorize the arbitrator to decide whether their agreement allows...more

Eversheds Sutherland (US) LLP

Legal Alert: Supreme Court Upholds Arbitrator's Authority to Interpret Agreement to Permit Class Proceedings

“The arbitrator’s construction holds, however good, bad, or ugly.” This was the succinct message delivered on June 10, 2013, by a unanimous U.S. Supreme Court in Oxford Health Plans LLC v. Sutter, No. 12-135, which challenged...more

BakerHostetler

New Life for Class Arbitration, or Strategic Mistake in an Isolated Case?

BakerHostetler on

The Supreme Court issued its decision today in the first of two arbitration-related class action cases on the 2012-13 docket. Today’s decision bucks what had been a trend in the Court’s decisions in recent years strongly...more

BakerHostetler

Oxford Health Plans v. Sutter - The Perils of Choosing an Arbitrator to Resolve Potential "Gateway Matters"

BakerHostetler on

A unanimous Supreme Court held on Monday that when a party agrees that an arbitrator should decide if an agreement authorizes class arbitration, that party cannot later seek judicial intervention if it disagrees with the...more

15 Results
 / 
View per page
Page: of 1

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide