The U.S. Court of Appeals for the Second Circuit has reaffirmed its earlier refusal to enforce American Express’s arbitration provision, concluding that the plaintiffs had adequately shown that individual arbitration of their antitrust claims would be infeasible. This decision signals that the war over the enforceability of agreements to arbitrate on an individual basis is far from over.
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July 072022Laurence Idot Liber Amicorum (French language)
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