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Court Watch

By Charles G. Miller
June 29, 2013

U.S. Supreme Court Upholds Arbitrator's Determination of Authority to Determine Class Issues

'In Oxford Health Plans LLC v. Sutter ___ U.S. ___, 2013 WL 2459522 (June 10, 2013), the U.S. Supreme Court attempted 'to clarify its decision in Stolt-Nielsen S.A. v. Animal Feeds Int'l Corp., 559 U.S. 662 (2010), which held that arbitrators may employ class procedures only if the parties authorized them to do so. The arbitration provision in Oxford Health Plans did not specifically allow or disallow an arbitrator to consider class clams. It simply contained an 'all disputes' clause, found in many standard arbitration agreements, worded as follows: 'No civil action concerning any dispute arising under this Agreement shall be instituted before any court, and all such disputes shall be submitted to final and binding arbitration in New Jersey, pursuant to the rules of the American Arbitration Association with one arbitrator.'

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