Justices Push Back on Class Proceedings, Arbitration Exception (1)

Justice Elena Kagan found a common thread in the two seemingly discrete arbitration issues argued before the U.S. Supreme Court Oct. 29.

Both raise questions under the Federal Arbitration Act but one seeks a ruling on the appropriateness of a court-made exception to sending a case to arbitration, and the other on the availability of classwide arbitration.

But in each case, one party sought to limit broad arbitration provision language by saying, “we can’t really believe that the parties agreed to include a certain set of things,” Kagan said.

That similarity doesn’t necessarily mean the court will rule the same ...