In disputes that appear to be heading toward class action litigation, class action arbitration may provide a superior alternative. It may surprise you to know that virtually any type of case that could be handled in litigation — including class action lawsuits — may be handled through arbitration.
Charles ("Chuck") Pereyra-Suarez provides parties with professional arbitration services in a wide variety of disputes, including class actions. Contact our office for more information.
In both litigation and arbitration, class actions are subject to specialized rules. As an attorney with more than three decades of arbitration, mediation, litigation and client counseling experience, Mr. Pereyra-Suarez has practiced with national law firms that routinely handle complex cases. He has a high degree of familiarity with the rules of civil procedure for class action lawsuits in both state and federal courts.
Mr. Pereyra-Suarez is a member of the commercial, health care and large and complex case panels of the American Arbitration Association (AAA), serving both as an individual arbitrator and on three-arbitrator panels, including as chair, in connection with numerous "high-stakes" disputes and cases with multi-million dollar awards at issue. He is knowledgeable about the supplementary rules for class action arbitration administered by the AAA.
The availability of arbitration in a given class action partially depends on the existence of a contract with a binding arbitration clause. If a contract with an arbitration clause is involved, the first issue will be whether the clause applies to individual plaintiffs only or is applicable to a class, should one exist. If the dispute does not involve a contract, or if the contract does not mandate binding arbitration, all parties to the dispute will have to agree to resolve it through arbitration.
These cases can be highly complex, involving not only the class certification process but multiple defendants, multiple attorneys, multiple jurisdictions, cross-claims, counterclaims, subrogation, and other legal intricacies. They can subject defendants to the possibility of multi-million dollar awards and punitive damages, and they can cost plaintiffs time, money and uncertainty.
Arbitration of class actions can provide relief for plaintiffs and protection for defendants. It is a confidential process, and agreements can be reached about everything from the extent of discovery to be allowed to limitations on punitive damages. Arbitration provides a fair process to arrive at a resolution that is final.
If you are an attorney considering seeking class certification, or if you are a defendant facing the potential for class action litigation, contact our office to obtain more information about the possibility of resolving your dispute through arbitration.
The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.
Copyright © 2010 by Law Offices of Charles Pereyra-Suarez. All rights reserved. You may reproduce materials available at this site for your own personal use and for non-commercial distribution. All copies must include this copyright statement.