The Perils of Piecemeal Invocation of Arbitration Rights
October 7, 2022
One of the most enduring legacies of the Roberts court may be its enshrinement of the supremacy of arbitration agreements, even in cases where arbitration may not offer plaintiffs a plausible avenue of redress. For example, the U.S. Supreme Court has required the enforcement of arbitration provisions in so-called "contracts of adhesion" with class action waivers, and in complex antitrust and other commercial cases where the cost of individual arbitration may be prohibitively high.
 AT&T Mobility LLC v. Concepcion, 563 U.S. 333 (2011); see also Stolt-Nielsen S.A. et al v. Animalfeeds Int'l Corp., 559 U.S. 662 (2010) (holding that arbitrator could not impose classwide arbitration on parties that had not specifically agreed to it).
 Am. Express Co. v. Italian Colors Rest., 570 U.S. 228 (2013).
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