5th Circ. Says Concepcion Dooms Student's Arbitration Award

Law360, New York (May 18, 2012, 8:50 PM EDT) -- The Fifth Circuit said Friday that arbitrators may not conclude that two parties have agreed to class arbitration unless there is a contractual basis for doing so, citing AT&T Mobility LLC v. Concepcion in vacating an arbitrator’s award in a putative class action accusing a for-profit college of misrepresenting its certifications.

In a published opinion, a three-judge panel held that the U.S. Supreme Court’s decisions in Stolt-Nielsen SA v. AnimalFeeds International Corp. and Concepcion bar arbitrators from determining that two parties have implicitly agreed to class...
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