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United States Leading Case arbitration agreements

Concepcion (AT&T Mobility LLC v)

563 US 333 (2011)
JurisdictionUnited States
CourtUS Supreme Court
Year2011
StatusBinding authority

Summary

FAA preempts state rules (California's Discover Bank rule) that invalidate class action waivers in consumer arbitration agreements as unconscionable.

Key Principle

The FAA preempts California's Discover Bank rule, which deemed unconscionable class action waivers in consumer arbitration agreements; states cannot condition enforcement of arbitration agreements on class procedure availability.

Area of Law

arbitration

Related Cases

Rinehart v Hancock Prospecting Pty Ltd (2019) 267 CLR 514

A dispute must be referred to arbitration if it falls within the scope of the arbitration agreement, applying a generous interpretation in favour of arbitrability.

TCL Air Conditioner v Judges of the Federal Court (Arbitral Awards) [2013] HCA 5

Enforcement of international commercial arbitral awards does not involve arbitrators exercising judicial power; enforcement itself is a judicial function constitutionally vested in Chapter III courts.

Re Shift Energy Asia Limited [2025] HKCFI 6415

Court considered how the Guy Lam discretion operates where the existence of an arbitration agreement is itself in dispute.

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