In light of the above class arbitration jurisprudence, it is evident that the Supreme Court is quite hostile to class arbitration.  This is especially true due to the fact that the majority in three out of the above four cases declared that class arbitration is inconsistent with bilateral arbitration.[i]  Despite this hostility, class arbitration can survive in limited circumstances under the Court’s jurisprudence.  Most obviously, underStolt-Nielsen, class arbitration can occur where there is an explicit agreement authorizing it.  After Oxford Health, it is clear that class arbitration can proceed when parties agree that an arbitrator should determine what their contract means, including whether its terms allowed class arbitration.  Following Italian Colors, class arbitration may be allowed if plaintiffs are not able to vindicate their statutory remedies due to arbitration filing and administrative fees.  Notwithstanding these avenues for survival, how else will class arbitration occur in the future?

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