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ARTICLE · 10 MAY 2019

US Supreme Court Rules That Agreement To Class-Based Arbitration Procedures Must Be Explicit

The Court's ruling in Lamps Plus, Inc., et al. v. Varela is the latest in the Court's ongoing pro-employer, pro-arbitration jurisprudence

United KingdomLitigation, Mediation & Arbitration

The Court's ruling in Lamps Plus, Inc., et al. v. Varela is the latest in the Court's ongoing pro-employer, pro-arbitration jurisprudence

As we first reported here, the United States Supreme Court's docket this term includes three significant cases interpreting various aspects of the Federal Arbitration Act ("FAA").  Earlier this year, the Court ruled in the first of those cases, Henry Schein, et al. v. Archer & White Sales, Inc. (see our discussion here), holding that the FAA does not contain a "wholly groundless" exception and that courts cannot disregard a provision in an arbitration agreement delegating authority to the arbitrator.  In the second case, New Prime Inc. v. Oliveira (see our discussion here), the Court held that the FAA's exemption for interstate transportation workers applies to all such workers, regardless of their classification as an employee or independent contractor.

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