Federal Appeals Court Refuses To Enforce Agreement To Arbitrate Antitrust Claim On An Individual Basis
10 February 2012
Mayer Brown Legal Update
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.