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To Be Announced: Silence From The United States Supreme Court And Disagreement Among Lower Courts Suggest An Uncertain Future For Class-Wide Arbitration - Green Tree Fin. Corp. V. Bazzle, Jonathan R. Bunch

Journal of Dispute Resolution

With growth in the area of arbitration agreements relating to employment, credit cards, loans, and other form agreements, the issue of class-wide arbitration has become an area of significant judicial activity. However, increased judicial activity has not resulted in increased clarity; to the dismay of those parties seeking to pursue or avoid class-wide arbitration, the law on this issue has become unpredictable from jurisdiction to jurisdiction. The United States Supreme Court has expressed the importance of the class-action as a valuable device for vindicating plaintiffs' rights. Additionally, the Supreme Court has recognized arbitration as a valuable form of dispute resolution. …