Tag Archives: Federal Arbitration Act

Arbitration ruling divides litigation bar, spurs calls to Congress


WASHINGTON – The chasm between civil defense attorneys who extol the virtues of mandatory arbitration agreements and members of the plaintiffs’ bar who say the pacts strip consumers of their right to redress was widened by the U.S. Supreme Court ...

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Justices: High cost no bar to class arbitration waiver


WASHINGTON — Plaintiffs cannot avoid a contractual waiver of class arbitration on the ground that the cost of individually arbitrating their claims exceeds their potential recovery, the U.S. Supreme Court has held in a divided ruling.

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For class arbitration, consent in eye of the arbitrator


WASHINGTON – Ever since the U.S. Supreme Court cast a critical eye on classwide arbitration proceedings, holding in 2010 that the Federal Arbitration Act only authorizes class arbitration in cases in which the parties consented to it, lawyers and their ...

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Arbitration ruling gives power to arbitrators


WASHINGTON — In a ruling that boosts the authority of arbitrators to interpret crucial contract provisions, the U.S. Supreme Court upheld an arbitrator’s decision to allow a plaintiff to bring a class-wide arbitration proceeding when the parties did not expressly ...

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Court once again ponders class arbitration waivers

WASHINGTON – In the latest in a series of cases considering the enforceability of mandatory arbitration clauses that bar class proceedings, the U.S. Supreme Court is considering whether federal common law prohibits such agreements in some circumstances.

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Justices: Contract’s validity for arbitrator to decide

The Oklahoma Supreme Court failed to follow the substantive law of the Federal Arbitration Act when it declared the noncompetition agreements in two employment contracts null and void, rather than leaving that determination to the arbitrator in the first instance, ...

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