Federal Arbitration Act Preemption and Class Arbitration
Article from: TDM 5 (2005), in International Commercial Arbitration
Introduction
In Green Tree Financial Corp. v. Bazzle , the Supreme Court granted certiorari to resolve the following question: "Whether the Federal Arbitration Act, 9 U.S.C. § 1 et seq., prohibits class-action procedures from being superimposed onto an arbitration agreement that does not provide for class-action arbitration." Petition for Writ of Certiorari at i, Green Tree Financial Corp. v. Bazzle , 539 U.S. 444 (2003) (No. 02-634). Because the case arose in state court and the class arbitration rule was based on state law, the question presented by ...