Arbitrator Did Not Exceed Powers in Allowing Class Arbitration to Proceed, Minn. Federal Judge Rules

MINNESOTA — An arbitrator did not exceed his powers in determining that an arbitration clause in an attorney retainer agreement is silent as to class arbitration, a Minnesota federal judge has ruled, finding certain contractual phrases in the clause do not bar class arbitration.

On Aug. 22, Judge Ann D. Montgomery of the U.S. District Court for the District of Minnesota further ruled that the arbitrator, rather than the court, should decide the question of whether class arbitration is allowed, noting that the parties agreed that the issue fell within the arbitrator’s purview.

Reece Harrison alleges he responded to an …