Biggest Arbitration Stories Of 2018
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As we close out 2018, it is a good time to reflect on the year in arbitration law. Overall, I would characterize the year as another in which everyone was mildly obsessed with class actions, the U.S. Supreme Court again showed its willingness to enforce arbitration agreements of all kinds, and lower courts and groups of citizens attempted to resist the high court’s blind faith in arbitration with some success. Here are my thoughts on the biggest stories of the year:
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Turning our sights forward, what can we expect in 2019? Well, SCOTUS owes us three arbitration decisions (Henry Schein, Lamps Plus, and New Prime). None of those are likely to have broad impact on arbitration law, as they each deal with fairly narrow issues. So, big stories will likely come from elsewhere. Maybe the new Democratic majority in the House will have more interest (and success) in passing federal arbitration legislation? Maybe mass individual arbitration filings will change the cost-benefit-analysis of class action waivers for corporations? I look forward to watching it unfold with all of you! Happy New Year.
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