In a 5-3 decision, the Supreme Court struck a major blow against class action arbitrations where the arbitration clause is "silent" as to whether the parties intended to allow class arbitration. In Stolt-Nielsen S.A. v. AnimalFeeds International Corp., the Supreme Court reversed the Second Circuit Court of Appeals and held that "a party may not be compelled under the FAA to submit to class arbitration unless there is a contractual basis for concluding that the party agreed to do so."

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