Class Arbitration Is Back In Arbitrators’ Hands

Law360, New York (June 12, 2013, 3:38 PM EDT) -- Arbitrators can still interpret contracts pretty much any way they want, according to the U.S. Supreme Court’s unanimous ruling in Oxford Health Plans LLC v. Sutter. The holding should come as no great surprise as it reflects decades of federal arbitration law protecting arbitral rulings from merits-based attacks. And yet this result, and the court’s unanimity, is a surprise, given what preceded it.

The arbitrator’s decision to allow class arbitration in Oxford appeared to contradict the court’s 2010 ruling in Stolt-Nielsen SA v. AnimalFeeds Int'l Corp....
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