Next Wednesday, the Court will hear oral argument in American Express Company v. Italian Colors Restaurant, on the following question: “Whether the Federal Arbitration Act permits courts, invoking the ‘federal substantive law of arbitrability,’ to invalidate arbitration agreements on the ground that they do not permit class arbitration of a federal-law claim.” This is the … Continue reading Argument preview: Under what circumstances are arbitration agreements with class action waivers enforceable?