Complex Litigation

Class Arbitration: Who Decides, The Arbitrator or the Court?

, New York Law Journal

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In his Complex Litigation column, Michael Hoenig writes: The preemptive effect of valid arbitration agreements to preclude lawsuits in court, even class actions via arbitration clause class action waivers, has been reinforced by the U.S. Supreme Court time and again in recent years. But, what if there is an arbitration clause in the contract and the provision is silent about class arbitration? Is it an issue the arbitrator can decide or is viability of class arbitration an issue for a court to decide? That question was decided by the Eighth Circuit on July 28 as an issue of first impression in that circuit.

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