In recent years, the Supreme Court has frequently granted certiorari in class arbitration cases.  In the wake of AT&T v. Concepcion[i] and Stolt-Nielsen v. AnimalFeeds,[ii] commentary addressed the possibility that class arbitration was dead.[iii]  Yet, following the Court’s most recently decided cases—Oxford Health Plans LLC v. Sutter[iv] and Am. Exp. Co. v. Italian Colors Rest.[v]—it appears class arbitration is still alive.  What, then, is the future of class arbitration?

The current state of class arbitration proceedings and jurisprudence

Right now, class arbitration is occurring.  In fact, according to the AAA’s class arbitration case docket, there are 49 active class arbitrations.[vi]  Class arbitrations are also allowed under JAMS proceedings.[vii]  Although JAMS does not publicize ongoing proceedings, it is fair to assume class arbitrations are also being conducted under its rules.  Despite the Supreme Court’s recent attention to class arbitration, these cases have been ongoing for a while.  Since December 2002, there have been 352 class arbitrations under the AAA alone.[viii]  With class arbitration currently being conducted, it is necessary to understand the Supreme Court’s jurisprudence in this area in order to shed light on the future of class arbitration.

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