Cleary Gottlieb Steen & Hamilton's Jonathan Blackman, Inna Rozenberg and Kamal Sidhu write that the Second Circuit's reasoning in 'In re American Express' leaves open the possibility that parties can craft dispute resolution mechanisms in their arbitration agreements that would sustain class arbitration waivers by reducing the cost of arbitrating claims individually and increasing the potential return from bilateral arbitration. Indeed, the Supreme Court in 'Concepcion' suggested as much when it highlighted the plaintiff-friendly procedures and generous payout scheme AT&T had established in its arbitration agreement.
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Tackling Class Action Waivers in Arbitration Clauses
New York Law Journal
June 11, 2012
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