Securing Judicial Review of Arbitral Class Awards

Law360, New York (November 20, 2007, 12:00 AM EST) -- Companies often include arbitration provisions in their contracts in the interest of having disputes arising from or related to those contracts resolved simply, informally, and expeditiously, at least relative to litigation.

Another advantage of arbitration is finality: the Federal Arbitration Act’s (“FAA”) extremely deferential judicial review standard ensures that most awards are final.

But with courts (and arbitrators) increasingly open to the concept of class-based arbitrations, the arbitral finality that can be a benefit in the context of individual claims can be quite daunting in the...
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