As posted in our Commercial and Industry Arbitration and Mediation Group on LinkedIn, yesterday the U.S. Supreme Court granted certiorari to Stolt-Nielsen SA v. AnimalFeeds Int’l Corp., 548 F.3d 85 (2d Cir. 2008). The issue to be decided is whether imposing class arbitration on parties whose arbitration clauses are silent on that issue is consistent with the Federal Arbitration Act.
You can find background about this important case following the links from our recent post: Sonia Sotomayor Meets Posner: Standards of Review for Arbitration Awards After Hall Street. See links to the case briefs here: Petitions to Watch: Conference of 6.11.09 (SCOTUS Blog).
See also related posts for further commentary:
- Supreme Court Not Likely to Consider Manifest Disregard in Class Action Arbitration Case (Marc J. Goldstein)
- Supreme Court Grants Cert in Another FAA-related case (ADR Prof Blog)
- Update: Certiorari Granted in the Stolt-Nielsen Case! (Loree Reinsurance and Arbitration Law Forum)
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arbitration, ADR, law, FAA, Supreme Court, Stolt-Nielsen, class action
Tags: class action, US Supreme Court
Those who are interested in the issues raised by Stolt-Nielsen may wish to take a look at “The Sounds of Silence: Are U.S. Arbitrators Creating Internationally Enforceable Awards When Ordering Class Arbitration in Cases of Contractual Silence or Ambiguity?” which will be published in July 2009 in volume 30 of the Michigan Journal of International Law.
S.I. Strong
Senior Fellow, Center for the Study of Dispute Resolution
Associate Professor of Law
University of Missouri
[...] guest post. (Victoria’s posts on Hall Street and manifest disregard of the law are here, here, and here and mine are here, here, and [...]
[...] U.S. Supreme Court Grants Cert to Stolt-Nielsen: Class Action Arbitration Case (June 16, 2009) [...]
[...] On June 15, the Court granted cert to Stolt-Nielsen to decide whether imposing class arbitration on parties whose arbitration clauses are silent on that issue is consistent with the FAA. (post available here) [...]