Rules for a New Game: Finding a Workable Solution for Applying Class Actions to the Arbitration Process

Authors

Andrew Remy Norton

Abstract

In 2003, the Supreme Court's decision in Green Tree Financial Corp. v. Bazzle, indicated that class-wide arbitration was permissible. As a result the number of cases of class-wide arbitration is likely to increase. Because of the few courts that have actually employed class-wide arbitration it has not been definitively settled as to how the hybrid procedure should be conducted. One school of thought emphasizes the class members' due process rights, while another argues that maintaining the integrity of the arbitration process should be a priority. This casenote analyzes the two separate theories and attempts to devise a workable solution for which class-wide arbitration may proceed. The instant case arises out of a dispute between the Cincinnati Bengals and a class of season ticket holders for club level luxury seats, and presents an example of a situation where classwide arbitration could be most appropriate.

Recommended Citation

Andrew Remy Norton, Rules for a New Game: Finding a Workable Solution for Applying Class Actions to the Arbitration Process, 2005 J. Disp. Resol. (2005)
Available at: https://scholarship.law.missouri.edu/jdr/vol2005/iss2/9