• Arbitration and Class Action Waiver Issues Again Before the Supreme Court
  • March 8, 2013
  • Law Firm: Sutherland Asbill Brennan LLP - Washington Office
  • The U.S. Supreme Court heard oral argument yesterday in the first of two cases to be argued this term again raising questions regarding the enforceability of arbitration agreements and class action waivers. These cases continue the Court’s recent focus on arbitration and related class action issues. The first case, American Express Co. v. Italian Colors Restaurant, 12-133 (Amex), follows the Supreme Court’s 2011 decision in AT&T Mobility LLC v. Concepcion, 131 S.Ct. 1740 (U.S. 2011) which upheld the enforceability of class action waivers contained in arbitration provisions. Later this term, the Court will hear Oxford Health Plans LLC v. Sutter, 12-135, a follow-up to Stolt-Nielsen S.A. v. AnimalFeeds Int’l Corp., 130 S.Ct. 1758 (U.S. 2010), holding that an arbitrator may not compel class arbitration under the Federal Arbitration Act (FAA) unless the underlying agreement between the parties provides specifically for a class action remedy.