The US Court of Appeals for the Second Circuit holds that a class action waiver provision contained in commercial contracts between merchants and card issuer and service provider is unenforceable (American Express)

Enforceability of Class-Arbitration Bans Still an Open Question* Including an arbitration agreement in a commercial or consumer contract that requires your customer to pursue only individual claims in the arbitral forum will not necessarily protect you from class-wide arbitration. You will need to ensure that individual arbitration will allow your customers to enforce their statutory rights. The U.S. Court of Appeals in New York City recently held that a class action waiver provision contained in commercial contracts between merchants and charge card issuer/servicer American Express Company was unenforceable. The Second Circuit’s decision reiterates an earlier

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  • Wolters Kluwer (Riverwoods)

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Jeffrey May, The US Court of Appeals for the Second Circuit holds that a class action waiver provision contained in commercial contracts between merchants and card issuer and service provider is unenforceable (American Express), 8 March 2011, e-Competitions March 2011, Art. N° 36047

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