Supreme Court Shoots Down Class Arbitration in Stolt Antitrust Case
April 27, 2010, Global Competition Review

In an historic decision, the US Supreme Court has ruled that shipping company Stolt-Nielsen could not be compelled to arbitrate against an entire class of antitrust plaintiffs in an arbitration between it and one of its customers. The court's ruling will impact almost every antitrust arbitration where the parties' arbitration agreement is silent as to whether a class can become involved.

"Today's decision means that arbitrators cannot infer or imply a class arbitration from mere silence in the parties' agreement to arbitrate, at least where the parties are sophisticated businesses," says Mark Gidley, partner at White & Case LLP and counsel to Stolt-Nielsen.

Counsel to Stolt-Nielsen
White & Case LLP
Partners Christopher M Curran, J. Mark Gidley, Peter J Carney and Eric Grannon are assisted by Charles Moore