Forum

U.S. Supreme Court

Case Status

Decided

Docket Number

Term

Cert. Denied

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Questions Presented

1. Must a party overcome a higher burden to show that an arbitration agreement delegates to the arbitrator the power to decide the availability of class arbitration than to show that it delegates the power to decide the availability of bilateral arbitration?

2. May an arbitration agreement be interpreted to delegate to the arbitrator the power to decide the availability of class arbitration if the agreement lacks an express statement making such a delegation, but instead merely requires the arbitration to be conducted under standard arbitration rules?

Case Updates

Cert. petition denied

March 18, 2019

U.S. Chamber files amicus brief arguing Supreme Court should grant cert. petition to resolve circuit split on whether incorporation of AAA rules delegates to arbitrator the decision whether arbitration agreement permits class arbitration

January 09, 2019

Andrew J. Pincus, Evan M. Tager, Archis A. Parasharami, Daniel E. Jones, and Matthew A. Waring of Mayer Brown LLP served as co-counsel for the U.S Chamber of Commerce on behalf of the U.S. Chamber Litigation Center.

Click here to view the Chamber’s amicus brief.

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