Marriott Ownership Resorts v. Sterman

Case Updates

This case was dismissed due to a settlement between the parties.

The U.S. Chamber filed an amicus brief asking the Eleventh Circuit to reverse a district court order compelling arbitration without deciding the threshold question of whether class arbitration would be available. The district court had concluded that an arbitrator should decide the availability of class arbitration. The Chamber brief argued, however, that the availability of class arbitration is a “gateway” question that is presumptively for the courts to decide, and that nothing in the arbitration agreement provided the sort of clear and unmistakable statement needed to override that presumption.

Evan M. Tager, Archis A. Parasharami, and Daniel E. Jones of Mayer Brown, LLP represented the U.S. Chamber of Commerce as co-counsel to the U.S. Chamber Litigation Center in this case.