In addition to a lack of clarity regarding the avenues through which class arbitration may survive, debate surrounding class arbitration will likely continue, which will fuel uncertainty about class arbitration’s future.

Kristen Blankley, Assistant Professor at the University of Nebraska College of Law, has published Lying, Stealing, and Cheating: The Role of Arbitrators as Ethics Enforcers, University of Louisville Law Review, Vol. 52, No. 442, 2014.

In light of the above class arbitration jurisprudence, it is evident that the Supreme Court is quite hostile to class arbitration. This is especially true due to the fact that the majority in three out of the above four cases declared that class arbitration is inconsistent with bilateral arbitration.[i] Despite this hostility, class arbitration can survive in limited circumstances under the Court’s jurisprudence.

Disputing would like to congratulate Dallas alternative dispute resolution professional Will Pryor on the publication of his new book, A Short & Happy Guide to Mediation.