This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.
Subscribe to the Daily Journal for access to Daily Appellate Reports, Verdicts, Judicial Profiles and more...

U.S. Supreme Court,
Labor/Employment,
9th U.S. Circuit Court of Appeals

Apr. 25, 2019

High court rules no class arbitration in ambiguous agreements

The U.S. Supreme Court has ruled that the Federal Arbitration Act bars class arbitration, even when the agreement is ambiguous, and regardless of a state contract law doctrine that might allow it otherwise, in a six-opinion decision.

High court rules no class arbitration in ambiguous agreements
A decision on arbitration by U.S. Chief Justice John Roberts brought multiple comments from other justices, including Justices Clarence Thomas and Ruth Bader Ginsburg (New York Times News Service).

The Federal Arbitration Act bars class arbitration, even when the agreement is ambiguous, and regardless of a state doctrine that might allow it otherwise, the U.S. Supreme Court said Wednesday in a ruling that drew four dissents and one concurrence, all of which questioned the contravention of state contract law.

"Under the Federal Arbitration Act, an ambiguous agreement cannot provide the necessary contractual basis for concluding ...

To continue reading, please subscribe.
For only $95 a month (the price of 2 article purchases)
Receive unlimited article access and full access to our archives,
Daily Appellate Report, award winning columns, and our
Verdicts and Settlements.
Or
$795 for an entire year!

Or access this article for $45
(Purchase provides 7-day access to this article. Printing, posting or downloading is not allowed.)

Already a subscriber?

Enewsletter Sign-up