Avoiding Class Actions With Arbitration Agreements

Law360 ( January 13, 2011, 2:36 PM EST) -- In Stolt-Nielsen SA v. Animalfeeds Int'l Corp. , 130 S. Ct. 1758 (2010), the U. S. Supreme Court held that a class action could not proceed in arbitration where the agreement to arbitrate was silent on the issue of proceeding on a class basis. Accordingly, the plaintiffs were forced to arbitrate their disputes on an individual basis. The plaintiffs in Stolt-Nielsen purported to represent a class of users of shipping services who alleged price-fixing by certain shipping companies. . . .

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