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Class Arbitration Arbitration Award Challenges

Mintz - Arbitration, Mediation, ADR...

Lessons From Above: SCOTUS Declines to Review a Class Arbitrability Case (the Issue Had Been Delegated to an Arbitrator)

In its restraint, SCOTUS has shown us the mischief that arbitrators may do if parties are lax in setting boundaries in their agreement to arbitrate. By declining to grant certiorari regarding the Second Circuit’s most recent...more

Carlton Fields

Fifth Circuit Suggests Question of Class Arbitrability Was for Arbitrator Not Court

Carlton Fields on

The Fifth Circuit has suggested that the question of class arbitrability was for the arbitrator, not the court, based on the language of the arbitration clause at issue. The court ultimately concluded, however, that it did...more

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