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Contracts Keyed to Ayres
Stolt-Nielsen S.A. v. AnimalFeeds International Corp.
Citation:
130 S.Ct. 1758, 559 U.S. 662 (2010)Facts
AnimalFeeds and other charterers brought antitrust claims against Stolt-Nielsen and other shipping companies, alleging they were engaged in a price-fixing conspiracy. After courts determined that the claims were subject to arbitration under the charter party agreements, AnimalFeeds demanded class arbitration. The parties agreed to submit to a panel of arbitrators the preliminary question of whether their arbitration clause permitted class arbitration. The parties stipulated that the arbitration clause was “silent” on class arbitration, meaning there was no agreement on that issue. The arbitration panel, after hearing evidence including testimony from maritime arbitration experts that class arbitration was unprecedented in the shipping industry, concluded that the broad language of the arbitration clause permitted class arbitration. The panel relied primarily on other arbitrators’ decisions that had interpreted similar clauses to permit class arbitration after the Supreme Court’s decision in Green Tree Financial Corp. v. Bazzle.
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