Tuesday, December 22, 2009
Class Action Procedures In Arbitration is an interesting Nov. 12, 2009 New York Law Journal article (registration required). Samuel Estreicher, the Dwight D. Opperman Professor at New York University School of Law and counsel to Jones Day, and Steven C. Bennett, a partner at the firm, write: "Consumer banks and parties considering the use of mandatory arbitration provisions and class arbitration waivers should monitor the Supreme Court proceedings in Stolt-Nielsen, which hopefully will provide some clarity in this evolving area of practice. In the interim, however, parties should pay careful attention to the arbitration procedure rules they choose to apply to their agreements, as well as choice of law provisions in their agreements, as both could affect the adjudicating tribunal's approach to mandatory arbitration clauses and class arbitration waivers."
The lower court decision pending in the Supremes is Stolt-Nielsen S.A. v. AnimalFeeds International Corp , __F.3d___(2d Cir. 2008).
Mitchell H. Rubinstein