Originally from Dispute Resolution Journal

The impact of the Supreme Court’s decision in Stolt-Nielsen on the drafting of class arbitration clauses is uncertain outside the facts of that case. In this situation, parties who want to address the issue of class arbitration in their contracts should consider doing so explicitly.

The United States Supreme Court decision in Stolt-Nielsen S.A. v. AnimalFeeds International Corp.1 touched on many issues of import to both the domestic and international arbitration communities. 2 A cornerstone of Justice Samuel A. Alito’s majority opinion is the need for consent by the parties to class arbitration,