SCOTUS: Class Arbitration Waiver Enforceable Under Federal Arbitration Act

June 25, 2013

On June 20, 2013, the United States Supreme Court issued its decision in American Express Co. et al. v. Italian Colors Restaurant et al, ruling, in a 5-3 decision, that neither the Federal Arbitration Act nor the “effective vindication doctrine”, permits courts to invalidate contractual waivers of class arbitration provisions when a plaintiff’s cost of pursuing an individual claim is prohibitively expensive.

CGR Memo - SCOTUS - Class Arbitration Waiver Enforceable Under Federal Arbitration Act