- The Supreme Court's Rulings on Class Action Arbitrations, with Edward C. DuMont, Prof. Cornelia (“Nina”) Pillard, and Eric P. Tuchmann.
The International Dispute Resolution Committee of the D.C. Bar International Section and co-sponsor the D.C. Bar Litigation Section invite you to attend a lunchtime program on Thursday, July 18, 2013, addressing the impact of the U.S. Supreme Court's eagerly-awaited decisions in the American Express Co. v. Italian Colors Restaurant and Oxford Health Plans LLC v. Sutter cases, both of which involve the arbitrability of class actions. American Express addresses the question whether the U.S. courts may enforce arbitration agreements that preclude class actions if a court concludes that use of class procedures is necessary to vindicate U.S. federal statutory rights. Oxford Health concerns whether, when, and how courts may review an arbitrator's determination that an arbitration agreement that does not expressly address class arbitration nonetheless provides a contractual basis for concluding that the parties intended to authorize the use of class proceedings. Both decisions will influence the viability of class action claims in arbitrations (including international disputes) seated in the United States, as well as potentially whether the recognition and enforcement of foreign arbitral awards in cases in which class action claims were permitted or denied will be subject to attack under the United Nations (UN) Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York Convention).
We have assembled a panel of three experts with extensive backgrounds in class arbitration, as well as direct participation in the Oxford Health and American Express cases: Edward C. DuMont, Prof. Cornelia (“Nina”) Pillard, and Eric P. Tuchmann.
Edward DuMont is Vice-Chair of WilmerHale's Appellate and Supreme Court Litigation Practice Group, led the briefing for Oxford Health in the Oxford case (and for the successful petitioners in the earlier Stolt Nielsen case), and has closely followed the American Express case. A former Associate Deputy Attorney General and Assistant to the U.S. Solicitor General at the U.S. Department of Justice, Mr. DuMont has argued 18 cases before the U.S. Supreme Court and is widely acknowledged as an appellate litigation specialist. He brings to our panel an insider's look at the Oxford and American Express decisions and how they are likely to impact arbitration in general and international arbitration in particular in the United States.
Prof. Nina Pillard is Professor of Law and a Faculty Director of the Supreme Court Institute at Georgetown University Law Center. Her Supreme Court work includes more than 25 cases that she has briefed and nine cases that she has argued before the Court, and through her work in Georgetown's Supreme Court Institute, she assists lawyers from around the country in preparing for Supreme Court arguments. Prof. Pillard was lead counsel in the Supreme Court for respondents in the seminal 2010 Supreme Court case Stolt-Nielsen S.A. v. AnimalFeeds Int'l Corp., in which the Court opined that, under the Federal Arbitration Act, “a party may not be compelled…to submit to class arbitration unless there is a contractual basis for concluding that the party agreed to do so.” She has also written on U.S. perspectives in classwide arbitrations and brings keen observations on the impact of the American Express and Oxford decisions on arbitrations seated in the United States.
Eric Tuchmann is the General Counsel and Corporate Secretary of the American Arbitration Association (AAA) and the former Director of the AAA's International Centre for Dispute Resolution. As the AAA's chief legal officer, Mr. Tuchmann is responsible for managing the legal affairs of the AAA including litigation involving the AAA and its arbitrators. He chaired the AAA's committee that drafted Supplementary Rules for Class Arbitrations and has been involved in numerous policy initiatives related to arbitration, including class arbitrations. Mr. Tuchmann was also counsel of record on the amicus brief filed by the AAA in Stolt-Nielsen S.A. v. AnimalFeeds Int'l Corp. Especially given that the arbitration clauses at issue in both American Express and Oxford provided for arbitration under the AAA's Arbitration Rules, Mr. Tuchmann will offer the unique perspective of an arbitral institutions' experience and positions in the growing field of class arbitration, with an emphasis on the area of class claims in international commercial arbitration.
This “Off the Record” luncheon program is sponsored by the International Dispute Resolution Committee of the International Law Section, in cosponsorship with the Litigation Section.
Remarks made during “Off the Record” programs may not be used for publication.
Arnold & Porter LLP
555 12th Street, NW
(Metro Center Metro Station)
Washington DC 20004
- Sections Office 202-626-3463
- Janis H. Brennan, Foley Hoag LLP and Co-Chair, International Dispute Resolution Committee (Moderator)
- Edward C. DuMont, WilmerHale
- Prof. Cornelia ("Nina") Pillard, Georgetown University Law Center
- Eric P. Tuchmann, American Arbitration Association
- CLE Credit
Government and Non-Profit Employees $15.00
International Law Section $20.00
Law Students $10.00
Litigation Section $20.00
Non-Section Members $35.00