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Article

Ballard Spahr LLP | USA | 12 Nov 2012

Arbitration on Supreme Court’s plate in American Express case

In a federal antitrust case brought by restaurant owners against American Express, the Supreme Court agreed on November 9 to decide "whether the Federal Arbitration Act permits courts, invoking the 'federal substantive law of arbitrability,' to invalidate arbitration agreements on the ground that they do not permit class arbitration of a federal law claim".

Article

Ballard Spahr LLP | USA | 14 Feb 2011

Third Circuit confirms that court determines validity of class action waiver

Following on the heels of Puleo v. Chase Bank, USA, N.A., 605 F.3d 172 (3d Cir. 2010), a Third Circuit panel, in a non-precedential opinion, has confirmed that a court, not an arbitrator, should decide an unconscionability challenge to an arbitration agreement.

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