Monthly Archives: June 2013

Supreme Court Overturns Second Circuit in AMEX v Italian Colors

The Supreme Court released today its eagerly-awaited decision (at least in the ADR world) in AMEX v. Italian Colors.  In overturning the Second Circuit’s refusal to enforce a class action waiver on the ground that plaintiffs could not vindicate their statutory rights under the federal antitrust laws, the Court, in a 5-3 opinion authored by Justice Scalia (public … Continue reading Supreme Court Overturns Second Circuit in AMEX v Italian Colors →

Stipanowich on Delaware Chancery Arbitration

In May, the Third Circuit heard oral arguments in Delaware Coalition for Open Government v. Stine, the case challenging the constitutionality of Delaware’s chancery arbitration scheme (see my previous commentary on the program here, here, and here.) A federal court had found the scheme unconstitutional on grounds that it violated the public’s First Amendment right … Continue reading Stipanowich on Delaware Chancery Arbitration →

Supreme Court Affirms Commitment to Narrow Judicial Review of Arbitration Awards in Sutter Decision

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Today, the Supreme Court in Oxford Health Plans v. Sutter, http://www.scotusblog.com/case-files/cases/oxford-health-plans-llc-v-sutter/, affirmed its commitment to narrow judicial review of arbitration decisions. In Sutter, the arbitrator interpreted an arbitration agreement to permit class arbitration. Because the parties asked the arbitrator to interpret the agreement, the only question for a court, according to the Supreme Court, is … Continue reading Supreme Court Affirms Commitment to Narrow Judicial Review of Arbitration Awards in Sutter Decision →