USA—Examining the arbitration clause landscape amid risks

Table of contents

• The Mass Arbitration Threat
• Ninth Circuit to decide for whom the Bellwether Tolls
• New considerations for arbitral forums
• Potential to refuse fee payment
• Class waiver without arbitration clause
• Conclusion

Article summary

Law360: For more than a decade, companies have benefited immensely from the US Supreme Court's 2011 decision of AT&T Mobility LLC v Concepcion, which upheld a company's right to compel consumers into participating in individual arbitration proceedings, and largely abrogated stricter standards for determining the unconscionability of class action waivers.