What is “Arbitrability” and Who Decides?

A plurality holds that the question of whether class or collective claims may proceed in arbitration can be determined by an arbitrator.

February 7, 2019

By NIWR

Green Tree Financial Corp. v. Bazzle, 539 U.S. 444 (2003) Relevant Facts: Multiple consumers separately received loans from Green Tree to buy mobile homes. The loan contracts each included […]

The Court narrows the inquiry as to whether a matter is arbitrable to the sole question of whether there is “clear and unmistakable” evidence that the parties “agreed” to submit to arbitration.

February 7, 2019

By NIWR

First Options of Chicago, Inc. v. Kaplan, 514 U.S. 938 (1995) Relevant Facts: A married couple signed a “workout” agreement on behalf of their business to settle some pending […]

Hollowing out its precedent from 1953, the Court reaffirms its broadest interpretations of the FAA.

February 7, 2019

By NIWR

Shearson/American Express Inc. v. McMahon, 482 U.S. 220 (1987) Relevant Facts: In order to open retirement accounts with a brokerage firm, a couple signed preprinted customer agreements that contained […]

To support its new position that parties can be compelled to arbitrate nearly all disputes, regardless of whether the claims are contractual or statutory in nature, the Court promulgates the “effective vindication doctrine.”

February 7, 2019

By NIWR

Mitsubishi Motors Corp. v. Soler Chrysler-Plymouth, 473 U.S. 614 (1985) Relevant Facts: An auto dealership sued Mitsubishi Motors under the Sherman Act, a federal anti-trust law. Mitsubishi moved to […]

The Supreme Court pronounces that courts must order arbitration whenever a valid arbitration clause is present, even in cases involving related non-arbitrable claims, state law claims, or where doing so would lead to inefficiency in the proceedings.

February 7, 2019

By NIWR

Dean Witter Reynolds, Inc. v. Byrd, 470 U.S. 213 (1985) Relevant Facts: A retired dentist invested his life savings in the stock market, only to lose the majority of […]

The Court declares that the Federal Arbitration Act created a “body of federal substantive law” such that “any doubts concerning the scope of arbitrable issues should be resolved in favor of arbitration.”

February 7, 2019

By NIWR

Moses H. Cone Mem. Hosp. v. Mercury Const. Co., 460 U.S. 1 (1983) Relevant Facts: A hospital contracted with a building contractor and an architect to renovate its facilities. […]

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What is “Arbitrability” and Who Decides?

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