June 26, 2013
On June 10, 2013, The Supreme Court announced its decision in Oxford Health Plans LLC v. Sutter. The question in the case is whether an arbitrator exceeds his powers under the Federal Arbitration Act in determining, by consent of the parties, whether the parties’ contract authorized class arbitration.
In a unanimous decision, the Court held that the arbitrator did not exceed his powers under the Federal Arbitration Act and affirmed the judgment of the lower courts, which had refused to vacate that arbitrator’s decision. Justice Kagan delivered the opinion of the Court. Justice Alito filed a concurring opinion, which Justice Thomas joined.
To discuss the case, we have Peter “Bo” Rutledge, the Herman E. Talmadge Chair of Law at the University of Georgia School of Law.