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Expert Analysis

Class Arbitration May Meet Its Demise At High Court This Term

By Diane Flannery, Bethany Lukitsch, Andrew Gann and Kamran Ahmadian ( September 21, 2020, 3:13 PM EDT) -- In Stolt-Nielsen SA v. AnimalFeeds International Corp., the U.S. Supreme Court held that "a party may not be compelled under the [Federal Arbitration Act] to submit to class arbitration unless there is a contractual basis for concluding that the party agreed to do so."[1] Because the agreement in Stolt-Nielsen was silent on the issue, the court ruled that class arbitration was not available.[2]...

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