Mandatory arbitration, class proceedings and access to justice | Practical Law

Mandatory arbitration, class proceedings and access to justice | Practical Law

This article examines the recent decisions of the US Supreme Court and the Supreme Court of Canada on the enforceability of mandatory arbitration clauses in consumer contracts. In reaching their decision both courts purported to protect the same policy objectives, but arrived at somewhat different conclusions. The article discusses the issues raised by the cases, the reasoning behind each court's decision and the possible effect the rulings may have on future arbitrations.

Mandatory arbitration, class proceedings and access to justice

Practical Law UK Articles 1-519-4506 (Approx. 10 pages)

Mandatory arbitration, class proceedings and access to justice

by Lawrence E Thacker*, Lenczner Slaght Royce Smith Griffin LLP
Law stated as at 01 Mar 2012 • Canada (Common Law), USA (National/Federal)
This article examines the recent decisions of the US Supreme Court and the Supreme Court of Canada on the enforceability of mandatory arbitration clauses in consumer contracts. In reaching their decision both courts purported to protect the same policy objectives, but arrived at somewhat different conclusions. The article discusses the issues raised by the cases, the reasoning behind each court's decision and the possible effect the rulings may have on future arbitrations.
This article is part of the PLC Arbitration multi-jurisdictional guide. For a full list of jurisdictional Q&As visit www.practicallaw.com/arbitration-guide.