In December, this blog noted that the Supreme Court, in Coinbase, Inc. v. Bielski, would consider whether federal law requires courts to automatically stay litigation during an arbitration appeal. The Supreme Court heard oral argument on the issue yesterday and several justices expressed a willingness to potentially end the automatic stay during an arbitration appeal. Such a decision would likely increase the cost of defending class-action lawsuits in most jurisdictions.
Arbitration generally provides a less costly and more efficient procedure for resolving disputes than litigation. Arbitration clauses, a staple of business contracts, compel would-be litigants to resolve […]