Class Arbitration Arbitration Agreements

News & Analysis as of

Arbitrators, Not Courts, To Decide Availability Of Class Arbitration Under Parties’ Agreement

A federal court in New York has held that arbitrators, not courts, should decide whether class arbitration is available under an arbitration agreement entered into between private parties. The court had previously compelled...more

Class Arbitration “No Mere Detail”

In a case likely to affect employer-employee arbitration agreements, one court has ruled that a court, and not an arbitrator, must determine whether ambiguous arbitration agreements cover class claims. Reed Elsevier, Inc. v....more

Sixth Circuit Holds That Whether An Arbitration Agreement Compels Classwide Arbitration Is A “Gateway Issue” For Court To Decide

In Reed Elsevier, Inc. v. Crockett, No. 12-3574 (6th Cir. Nov. 5, 2013), the Sixth Circuit held that whether an arbitration agreement permits arbitration of a class action is a “gateway” issue to be decided by the courts and...more

11th Circuit Affirms Arbitrator’s Class Ruling but Leaves Arbitrability Undecided

Applying the Supreme Court’s recent decision in Oxford Health Plans v. Sutter, the 11th Circuit affirmed an arbitrator’s conclusion that the parties’ agreement permitted class-wide arbitration....more

U.S. Supreme Court Ruling in American Express Case Upholds Class Action Arbitration Waivers

On June 20, 2013, the U.S. Supreme Court ruled, by a 5-to-3 margin, that a group of merchants was bound by an arbitration agreement that prohibits them from bringing class action claims against American Express, even if the...more

Supreme Court Upholds American Express’s Class Arbitration Waiver

On June 20, 2013, the Supreme Court ruled for American Express in a closely watched class action case. In American Express v. Italian Colors Restaurant (No. 12-133), the Court ruled on a 5-3 vote (with Justice Sotomayor...more

U.S. Supreme Court Addresses Whether Arbitration Agreements That Are Silent Concerning Class-wide Arbitration Can Be Arbitrated as...

The United States Supreme Court has answered whether the Federal Arbitration Act (FAA) empowers an arbitrator to determine that the parties to an arbitration agreement agreed to authorize class arbitration based only on the...more

Class Arbitrations Under Attack—But Survive

Originally published in the Journal of the American College of Construction Lawyers Volume 7, Number 1, in Winter of 2013. There are certain indisputable benets of commercial arbitration: knowledgeable trier of fact,...more

Once More unto the Breach: The U.S. Supreme Court Takes Another Case Regarding Class-Wide Arbitration

The United States Supreme Court recently announced that it will return to the trenches of arbitration jurisprudence. Specifically, the Court granted certiorari in Oxford Health Plans LLC v. Sutter, No. 12-135 (U.S.), to...more

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