The Federalist Society

"Class" Arbitration? What About the Rights of Absent "Class" Members?

October 1, 2006

Edward C. Anderson, Kirt D. Knutson

During the past two decades, in response to the cost,risk and inefficiency of the litigation system, an increasing number of attorneys have been turning to arbitration as a preferred means of resolving disputes. As one result, arbitration clauses are now regularly included in form contracts governing millions of relationships that drive the United States economy. This trend has caused courts to examine the relationship between arbitration and class actions under Rule 23 of the Federal Rules of Civil Procedure.

"Class" Arbitration? What About the Rights of Absent "Class" Members?  


The Federalist Society