Overview
Steptoe partner Chris Paparella, of counsel Justin Ben-Asher, and associate Catherine Matous co-authored an article with Kevin Mohr of King & Spalding in LexisNexis titled "Class Action Arbitration in the USA." They discuss how class action arbitration remains a significant and evolving area of US dispute resolution, allowing large groups of claimants to pursue similar claims through arbitration when permitted by the parties' agreement. Recent Supreme Court decisions have emphasized that class arbitration requires a contractual basis and cannot be imposed based on silence or ambiguity, reinforcing that consent remains the cornerstone of arbitration. At the same time, ongoing disputes over who decides the availability of class arbitration, courts or arbitrators, continue to shape the landscape, while major arbitral institutions such as the American Arbitration Association (AAA) and Judicial Arbitration and Mediation Services (JAMS) have established specialized procedures for managing class arbitration proceedings.
Read more at LexisNexis.
