PRETRIAL ADJUDICATION
...Contract Arbitration
......Compelling Arbitration
.........Class Arbitration
12 Cards On This Topic:

Order for class-wide arbitration is within discretion of trial ct.

Class arbitration waivers should not be enforced if court determines class arbitration would be a significantly more effective way of vindicating the rights of affected employees than individual arbitration.

In some circs, law in Cal. is that class action waivers in consumer contracts of adhesion are unenforceable, whether consumer asked to waive right to class action or right to classwide arbitration—FAA does not preempt Cal. in this.

If parties impliedly agreed in arbitration K to permit class arb., no need to reach Gentry issues and court order refusing to require individual arbitration warranted; Court remains bound by Gentry.

Under the FAA, a party may not be compelled to submit to class arbitration unless the arbitration contract provides a basis for concluding that the party agreed to do so.

Trial court directed to vacate order granting motion to compel individual arbitration and to reconsider the motion under the rule of Gentry.

Order refusing to compel arbitration proper where prohibition of class litigation in DIRECTV's customer agreement arbitration clause was unconscionable and unenforceable.

Trial court should have stricken ban on group arbitration from JAMS agreement where there were common issues of law and fact and group arbitration would be preferred means of dispute resolution.

Whether arbitration agreement prohibits class arbitrations must (in cases subject to USAA) be decided by the arbitrators, not the courts.

California classwide arbitration rule not preempted by USAA—Cal. Court can order classwide arbitration in case coming under USAA.

Trial ct. may order classwide arbitration in appropriate case.

Five year dismissal not compelled where arbitration delayed for determination of class issues.