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Supreme Court Rules in Favor of McGuireWoods Client in Landmark Class Action Arbitration Case
… authority or consent to class arbitration from the simple fact that the parties agreed to arbitrate bilaterally. The court declared, "We think that the differences between bilateral and class-action arbitration are too great for arbitrators to presume, consistent with their limited powers under the FAA, that the parties' mere silence on the issue of class-action arbitration constitutes consent to resolve their disputes in class proceedings."