Scotus Introduces a New Federal Arbitration Act Presumption Against Consent to Class Arbitration

摘要

The U.S. Supreme Court returned to the basics of class arbitration in April, examining whether consent to class arbitration may be inferred from ambiguous contract language. Nearly a decade after determining party consent to class processes was fundamental, the Court asserted that class-arbitration decision makers can't infer consent using a policy-not intent-based contract construction rule.