Originally published in the New York Dispute Resolution Lawyer Newsletter, Fall 2012, Vol. 5, No. 2, on October 29th, 2012.
The U.S. Supreme Court took time out from its momentous
work deciding the fate of the health care law and Arizona’s immigration
enforcement statute to issue one regular opinion and two per curiam
opinions on arbitration during its 2011 term (commencing in October 2011
and extending until June 2012). All three of these opinions are
discussed below.
A. Compucredit Corp. v. Greenwood -
The Supreme Court’s sole regular opinion on arbitration
this year was rendered in Compucredit v. Greenwood, 132 S. Ct. 665
(2012). In Compucredit, the Supreme Court reversed a Ninth Circuit
decision finding that statutory claims brought under the Credit Repair
Organizations Act (“CROA”), 15 U.S.C. § 1679, et seq were
non-arbitrable, finding that a no-waiver clause in CROA was not
sufficiently specific to demonstrate an intent by Congress to make an
exception to the Federal Arbitration Act (“FAA”) presumption in favor of
honoring arbitration agreements.
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