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Samuel Estreicher, counsel to Jones Day, and Steven C. Bennett, a partner at the firm, write that class-arbitration waivers are becoming more and more commonplace in predispute arbitration agreements, especially given the U.S. Supreme Court's ruling that the arbitrator, and not the court, is to decide in the first instance whether an arbitration agreement permits classwide arbitration when the agreement contains no express provision on the issue.
November 08, 2007 at 12:00 AM
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