Volume 30 (2013) / Issue 6
B.Ted Howes, Hannah Banks, 'A Tale of Two Arbitration Clauses: The Lessons of Oxford Health Plans LLC v. Sutter for the Future of Class-Action Arbitration in the United States' (2013) 30 Journal of International Arbitration, Issue 6, pp. 727–734
The US Supreme Court recently issued another decision on the subject of 'class-action arbitration'. While the decision permitted the class-action arbitration in question to proceed, a closer review of the opinion demonstrates that the Court has not changed its opinion on the subject. Unless there is an explicit agreement in the arbitration clause, parties should not expect class arbitration in the United States.
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