Add to ORKGThe application of class arbitrability when a contract is silent on the matter remains a mystery. The Supreme Court has not clarified its stance on class arbitrability and preemptive effects of the Federal Arbitration Act on state law when applied to determine if class arbitrability is available. The purpose of this Paper is to address how the Lamps Plus v. Varela decision created more confusion about the question of class arbitrability. It argues that the failure to address the particulars of the availability of class arbitration will perpetuate litigation on this issue. This Paper suggests that the FAA’s purpose supports the Court’s presumption against class arbitration if the parties do not agree to it during the contracting process and ...
Arbitration clauses allow contracting parties to resolve their contractual disputes without being su...
Class actions and arbitrations have has existed since the United States\u27 nascence. Since the mid-...
This Note argues that courts should adopt a narrow reading of the employment contract exception to t...
This article addresses a gap in the scholarly literature by comparing interpretive methodologies use...
Whether class action is available in an arbitration proceeding is a highly controversial topic with ...
Class actions and arbitrations have existed since the United States’ inception. Since the mid-twenti...
Arbitration clauses that prohibit class action lawsuits guard companies from class action litigation...
The Supreme Court simply stopped talking about the limits of arbitration as a mechanism for the adju...
The American system of arbitration is constantly evolving. From the first formal arbitration tribun...
This Article first explores the Supreme Court\u27s initially reluctant application of the FAA\u27s c...
In 1925, Congress enacted the Federal Arbitration Act (FAA) as a means of quelling judicial hostilit...
This Essay describes and critiques the U.S. Supreme Court\u27s recent misadventures with class arbit...
States have long relied on the doctrines of unconscionability and public policy to protect individua...
This article first argues that to determine the enforceability of a class action waiver, courts shou...
In the 2011 case, in AT&T Mobility LLC v. Concepcion, the U.S. Supreme Court held that the Federal A...
Arbitration clauses allow contracting parties to resolve their contractual disputes without being su...
Class actions and arbitrations have has existed since the United States\u27 nascence. Since the mid-...
This Note argues that courts should adopt a narrow reading of the employment contract exception to t...
This article addresses a gap in the scholarly literature by comparing interpretive methodologies use...
Whether class action is available in an arbitration proceeding is a highly controversial topic with ...
Class actions and arbitrations have existed since the United States’ inception. Since the mid-twenti...
Arbitration clauses that prohibit class action lawsuits guard companies from class action litigation...
The Supreme Court simply stopped talking about the limits of arbitration as a mechanism for the adju...
The American system of arbitration is constantly evolving. From the first formal arbitration tribun...
This Article first explores the Supreme Court\u27s initially reluctant application of the FAA\u27s c...
In 1925, Congress enacted the Federal Arbitration Act (FAA) as a means of quelling judicial hostilit...
This Essay describes and critiques the U.S. Supreme Court\u27s recent misadventures with class arbit...
States have long relied on the doctrines of unconscionability and public policy to protect individua...
This article first argues that to determine the enforceability of a class action waiver, courts shou...
In the 2011 case, in AT&T Mobility LLC v. Concepcion, the U.S. Supreme Court held that the Federal A...
Arbitration clauses allow contracting parties to resolve their contractual disputes without being su...
Class actions and arbitrations have has existed since the United States\u27 nascence. Since the mid-...
This Note argues that courts should adopt a narrow reading of the employment contract exception to t...