Articles by Fellows

2022 Virtual Arbitration Report to CCA

CCA surveyed its membership seeking the individual and collective experiences and opinions of the Fellows regarding arbitrations conducted in whole or in part through remote video technology (‘virtual arbitrations’). This is a preliminary summary of the results of that survey Read More

CCA Blogs

The Floodgates Have Opened: Mass Arbitrations

A series of U.S. Supreme Court decisions have all but eliminated class arbitrations for consumers, employees, franchisees, and others with common claims against a single company.  The latest, decisive blow came in Lamps Plus, Inc. v. Varela, 587 U.S. __, 203 L. Ed. 2d 636 (2019), with the Court holding that arbitration on a classwide basis could not be compelled based on an arbitration agreement’s ambiguous language.  Most arbitration agreements include a waiver of class arbitrations; some are silent.  There are virtually none explicitly allowing for class arbitration. Read More

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