Title: Class Arbitration in the United States—Is It Gone?
Abstract: Two recent decisions from the United States Supreme Court cast doubt on the future, if any, of the use of class action in arbitration (tclass arbitrationt). In the first case, Stolt-Nielsen v. Animalfeeds , rendered in April of 2010, the Court decided that when a contract is silent on whether a class arbitration is allowed, a party may not be compelled to submit to class arbitration under the Federal Arbitration Act (FAA). In the second case, ATpT Mobility LLC v. Concepcion (2011) , the Court overturned the Ninth Circuit, which had ruled that class arbitration waivers in consumer contracts were unconscionable. Hopefully, future courts may limit the Stolt-Nielsen ruling to international admiralty agreements. Otherwise, some of the implications contained in this chapter might prove prophetic. The arbitration bar will say that the ATpT holding is good for arbitration because it reinforces the federal policy favoring arbitration. Keywords:class arbitration; Federal Arbitration Act (FAA); Stolt-Nielsen ; United States Supreme Court
Publication Year: 2012
Publication Date: 2012-01-01
Language: en
Type: book-chapter
Indexed In: ['crossref']
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