June 11, 2013

Oxford Health Plans v. Sutter – In Reaffirming the Deference to Be Given Arbitration Decisions, the US Supreme Court Has Paved the Way to Enforce Clear and Unambiguous Class Action Waivers and Bilateral Arbitration Contracts

Summary: The United States Supreme Court yesterday released a decision, Oxford Health Plans LLC v. Sutter, No. 12-135, critical to companies that wish to limit class actions by means of contractual waivers in consumer and business-to-business commercial contracts and employment agreements. The Oxford Health Plans decision underscores the importance of carefully drafting contractual arbitration clauses and class action waivers.  It also serves as a cautionary tale for companies to pursue, in the first instance, a court proceeding to enforce bilateral arbitration.

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