Bowman and Brooke attorneys C.J. Schoenwetter and Eric Olson co-authored an article in Law360 discussing the four arbitration takeaways from the High Court's Coinbase ruling. The following excerpt highlights the key points and implications of this decision:
On May 23, the U.S. Supreme Court issued a unanimous decision in Coinbase Inc. v. Suski, providing clarity to parties faced with successive contracts containing conflicting dispute resolution provisions.
The effect of the Coinbase decision is fourfold:
- The Supreme Court reaffirmed the primacy of contractual intent when resolving arbitration disputes.
- Consumers will not automatically be relegated to arbitration before being substantively heard by a court.
- The presumption of arbitrability does not apply before a court determines the contractual intent of the parties.
- Parties are reminded of the importance of clear contract drafting and of consistent dispute resolution procedures.
This last point is of particular importance for parties seeking to avoid putative class actions by requiring dispute resolution in an arbitral forum.
To read the entire article featured in Law360 click here.