et al animalfeeds international argued december decided april petitioner shipping companies serve much world market parcel tankers seagoing vessels compartments separately chartered customers respondent animalfeeds wish ship liquids small quantities animalfeeds ships goods pursuant standard contract known maritime trade charter party charter party animalfeeds uses contains arbitration clause animalfeeds brought class action antitrust suit petitioners price fixing suit consolidated similar suits brought charterers including one second circuit subsequently reversed lower ruling charterers claims subject arbitration consequence parties case agree must arbitrate antitrust dispute animalfeeds sought arbitration behalf class purchasers parcel tanker transportation services parties agreed submit question whether arbitration agreement allowed class arbitration panel arbitrators bound rules class rules developed american arbitration association following green tree financial bazzle one class rule requires arbitrator determine whether arbitration clause permits class arbitration parties selected arbitration panel designated new york city arbitration site stipulated arbitration clause silent class arbitration issue panel determined arbitration clause allowed class arbitration district vacated award concluded arbitrators award made manifest disregard law arbitrators conducted analysis applied rule federal maritime law requiring contracts interpreted light custom usage second circuit reversed holding petitioners cited authority applying maritime rule custom usage class arbitration arbitrators decision manifest disregard maritime law arbitrators manifestly disregarded new york law established rule class arbitration held imposing class arbitration parties agreed authorize class arbitration inconsistent federal arbitration act faa et seq pp arbitration panel exceeded powers imposing policy choice instead identifying applying rule decision derived faa maritime new york law pp arbitration decision may vacated faa ground arbitrator exceeded powers arbitrator strays interpretation application agreement effectively brand industrial justice major league baseball players assn garvey per curiam arbitrator task interpret enforce contract make public policy arbitration panel appears rested decision animalfeeds public policy argument permitting class arbitration charter party arbitration clause however parties agreed agreement silent class arbitration issue arbitrators proper task identify rule law governing situation instead panel based decision arbitral decisions without mentioning whether based rule derived faa maritime new york law rather inquiring whether bodies law contained default rule permitting arbitration clause allow class arbitration absent express consent panel proceeded authority develop viewed best rule situation finding reason depart perception consensus among arbitrators class arbitration beneficial numerous settings panel simply imposed conception sound policy permitted class arbitration panel references intent show panel anything impose policy preference thus faa must either direct rehearing arbitrators decide question originally referred panel one possible outcome facts need direct rehearing arbitrators pp bazzle control resolution question whether instant charter party permits arbitration proceed behalf class pp single rationale commanded majority bazzle concerned contracts commercial lender customers arbitration clause expressly mention class arbitration plurality decided question whether arbitrator decide whether contracts silent class arbitration issue concluding arbitrator justice stevens opinion bypassed question resting instead resolution questions standard appropriate decisionmaker apply determining whether contract allows class arbitration whether whatever standard appropriate class arbitration properly ordered case hand pp bazzle opinions appear baffled parties arbitration proceeding one thing parties appear believed bazzle requires arbitrator decide whether contract permits class arbitration question addressed plurality question need revisited parties expressly assigned issue arbitration panel party argues assignment impermissible parties arbitration panel also seem misunderstood bazzle establishing standard applied deciding whether class arbitration permitted however bazzle left question open pp imposing class arbitration inconsistent faa pp faa imposes rules fundamental importance including basic precept arbitration matter consent coercion volt board trustees leland stanford junior faa requires written provision maritime transaction calling arbitration controversy arising transaction shall valid irrevocable enforceable save upon grounds exist law equity revocation contract permits party arbitration agreement petition federal district order directing arbitration proceed manner provided agreement thus said faa central purpose ensure private agreements arbitrate enforced according terms volt whether enforcing agreement arbitrate construing arbitration clause courts arbitrators must give effect parties contractual rights expectations ibid parties intentions control mitsubishi motors soler parties generally free structure arbitration agreements see fit mastrobuono shearson lehman hutton may agree limit issues arbitrated may agree rules arbitration proceed may also specify choose arbitrate disputes see eeoc waffle house pp follows party may compelled faa submit class arbitration unless contractual basis concluding party agreed arbitration panel imposed class arbitration despite parties stipulation reached agreement issue panel conclusion fundamentally war foundational faa principle arbitration matter consent may appropriate presume parties arbitration agreement implicitly authorize arbitrator adopt procedures necessary give effect parties agreement see howsam dean witter reynolds implicit agreement authorize class action arbitration term arbitrator may infer solely fact agreement arbitrate differences simple bilateral complex class action arbitration great presumption pp reversed remanded alito delivered opinion roberts scalia kennedy thomas joined ginsburg filed dissenting opinion stevens breyer joined sotomayor took part consideration decision case et petitioners animalfeeds international writ certiorari appeals second circuit april justice alito delivered opinion granted certiorari case decide whether imposing class arbitration parties whose arbitration clauses silent issue consistent federal arbitration act faa et seq petitioners shipping companies serve large share world market parcel tankers seagoing vessels compartments separately chartered customers wishing ship liquids small quantities one customers animalfeeds international hereinafter animalfeeds supplies raw ingredients fish oil producers around world animalfeeds ships goods pursuant standard contract known maritime trade charter numerous charter parties regular use charter party animalfeeds uses known vegoilvoy charter party petitioners assert without contradiction charterers like animalfeeds agents shipowners typically select particular charter party governs shipments accord trowbridge admiralty law institute symposium charter parties history development characteristics charter concept tulane rev voyage charter parties highly standardized many commodities charterers specialized forms adopted vegoilvoy charter party contains following arbitration clause arbitration dispute arising making performance termination charter party shall settled new york owner charterer appointing arbitrator shall merchant broker individual experienced shipping business two thus chosen agree shall nominate third arbitrator shall admiralty lawyer arbitration shall conducted conformity provisions procedure arbitration act faa judgment shall entered upon award made said arbitrator app pet cert department justice criminal investigation revealed petitioners engaging illegal conspiracy animalfeeds learned brought putative class action petitioners district eastern district pennsylvania asserting antitrust claims supracompetitive prices petitioners allegedly charged customers period several years charterers brought similar suits one district district connecticut held charterers claims subject arbitration applicable arbitration clause second circuit reversed see jlm industries appeal pending judicial panel multidistrict litigation ordered consolidation actions petitioners including animalfeeds action district connecticut see parcel tanker shipping services antitrust litigation supp jpml parties agree consequence judgments orders animalfeeds petitioners must arbitrate antitrust dispute animalfeeds served petitioners demand class arbitration designating new york city place arbitration seeking represent class direct purchasers parcel tanker transportation services globally bulk liquid chemicals edible oils acids specialty liquids petitioners time period august november internal quotation marks omitted parties entered supplemental agreement providing question class arbitration submitted panel three arbitrators follow bound rules american arbitration association supplementary rules class arbitrations effective app pet cert rules hereinafter class rules developed american arbitration association aaa decision green tree financial bazzle class rule accordance plurality opinion case requires arbitrator threshold matter determine whether applicable arbitration clause permits arbitration proceed behalf class app parties selected panel arbitrators stipulated arbitration clause silent respect class arbitration counsel animalfeeds explained arbitration panel term silent simply mean clause made express reference class arbitration rather said parties agree contract silent issue agreement reached issue hearing argument evidence including testimony petitioners experts regarding arbitration customs usage maritime trade arbitrators concluded arbitration clause allowed class arbitration found persuasive fact arbitrators ruling bazzle construed wide variety clauses wide variety settings allowing class arbitration panel acknowledged none decisions exactly comparable present dispute see app pet cert petitioners expert evidence show inten preclude class arbitration arbitrators reasoned petitioners argument leave basis class action absent express agreement among parties putative class members arbitrators stayed proceeding allow parties seek judicial review petitioners filed application vacate arbitrators award district southern district new york see authorizing district make order vacating award upon application party arbitration arbitrators exceeded powers petition vacate arbitration award sdny app citing ground vacatur award see also invoking district jurisdiction district vacated award concluding arbitrators decision made manifest disregard law insofar arbitrators failed conduct analysis supp sdny see wilko swan interpretations law arbitrators contrast manifest disregard subject federal courts judicial review error interpretation see also petition vacate arbitration award supra alleging arbitration panel manifestly disregarded law analysis conducted district held arbitrators applied rule federal maritime law requiring contracts interpreted light custom usage supp animalfeeds appealed appeals reversed see appeal may taken order vacating award initial matter appeals held manifest disregard standard survived decision hall street associates mattel judicial gloss enumerated grounds vacatur arbitration awards nonetheless appeals concluded petitioners cited authority applying federal maritime rule custom usage class arbitration arbitrators decision manifest disregard federal maritime law arbitrators manifestly disregarded new york law appeals continued since nothing new york case law established rule class arbitration granted certiorari ii petitioners contend decision arbitration panel must vacated order obtain relief must clear high hurdle enough petitioners show panel committed error even serious error see eastern associated coal mine workers paperworkers misco arbitrator strays interpretation application agreement effectively brand industrial justice decision may unenforceable major league baseball players assn garvey per curiam quoting steelworkers enterprise wheel car situation arbitration decision may vacated faa ground arbitrator exceeded powers task arbitrator interpret enforce contract make public policy case must conclude arbitration panel simply impose view sound policy regarding class memorandum law filed arbitration proceedings animalfeeds made three arguments support construing arbitration clause permit class arbitration parties arbitration clause construed allow class arbitration clause silent issue class treatment without express prohibition class arbitration permitted bazzle clause construed permit class arbitration matter public policy clause unconscionable unenforceable forbade class arbitration app emphasis added arbitrators expressly rejected animalfeeds first argument see app pet cert said nothing third instead panel appears rested decision animalfeeds public policy argument parties agreed agreement silent sense reached agreement issue class arbitration arbitrators proper task identify rule law governs situation engaged undertaking presumably looked either faa one two bodies law parties claimed governing either federal maritime law new york law panel consider whether faa provides rule decision situation panel attempt determine rule govern either maritime new york law case silent contract instead panel based decision arbitral decisions construed wide variety clauses wide variety settings allowing class arbitration app pet cert panel mention whether decisions based rule derived faa maritime new york rather inquiring whether faa maritime law new york law contains default rule arbitration clause construed allowing class arbitration absence express consent panel proceeded authority develop viewed best rule applied situation perceiving consensus among arbitrators class arbitration beneficial wide variety settings panel considered whether good reason follow consensus case app pet cert panel persuaded cases denying consolidation arbitrations undisputed evidence vegoilvoy charter party never basis class action expert opinion sophisticated multinational commercial parties type sought included class never intend arbitration clauses permit class arbitration accordingly finding convincing ground departing arbitral consensus panel held class arbitration permitted case app pet cert conclusion inescapable panel simply imposed conception sound true panel opinion makes references intent none shows panel anything impose policy preference opinion bazzle arbitrators must look language parties agreement ascertain parties intention whether intended permit preclude class action panel added also consistent new york law app pet cert panel occasion ascertain parties intention present case parties complete agreement regarding intent next sentence one quoted panel acknowledged parties case agreed vegoilvoy charter party silent whether permit ted preclude class arbitration charter party ambiguous call parol evidence ibid stipulation left room inquiry regarding parties intent inquiry settled question outside panel assigned task panel also commented breadth language vegoilvoy charter party see since task left panel light parties stipulation identify governing rule applicable case neither language contract evidence established parties reached agreement question class arbitration particular wording charter party quite beside point sum instead identifying applying rule decision derived faa either maritime new york law arbitration panel imposed policy choice thus exceeded powers result faa must either direct rehearing arbitrators decide question originally referred panel conclude one possible outcome facts us see need direct rehearing arbitrators iii arbitration panel thought bazzle controlled resolution question whether vegoilvoy charter party permit arbitration proceed behalf class app pet cert understanding incorrect bazzle concerned contracts commercial lender green tree customers contracts contained arbitration clause expressly mention class arbitration nevertheless arbitrator conducted class arbitration proceedings entered awards customers south carolina affirmed awards bazzle green tree financial discussing seventh circuit precedent holding lacks authority order classwide arbitration faa see champ siegel trading conflicting california precedent see keating superior alameda cal state elected follow california approach characterized permitting trial order arbitration adhesive enforceable franchise contracts approach south carolina observed trial judge must alanc potential inequities inefficiencies requiring aggrieved party proceed individual basis resulting prejudice drafting party take account factors efficiency equity applying standards case south carolina found arbitration clause green tree contracts silent regarding arbitration emphasis deleted described holding follows hold arbitration may ordered arbitration agreement silent serve efficiency equity result prejudice enforced mandatory adhesive arbitration clause prohibited class actions arbitration agreement silent drafting party effectively prevent class actions without say agreement omitted bazzle reached single rationale commanded majority opinions justices joined judgment plurality opinion justice stevens opinion collectively addressed three separate questions first decision maker arbitrator decide whether contracts question silent issue class arbitration second standard appropriate decision maker apply determining whether contract allows class arbitration example faa entirely preclude class arbitration faa permit class arbitration limited circumstances contract expressly provides question left entirely state law final question whether whatever standard appropriate class arbitration properly ordered case hand plurality opinion decided first question concluding arbitrator decide whether contracts indeed silent issue class arbitration plurality noted certain limited circumstances involving gateway matters whether parties valid arbitration agreement whether concededly binding arbitration clause applies certain type controversy assumed parties intended courts arbitrators make decision plurality opined question whether contract arbitration clause forbids class arbitration fall narrow exception ibid plurality therefore concluded decision state vacated case remanded decision arbitrator question whether contracts indeed silent plurality decide either second third question noted justice stevens concurred judgment vacating remanding otherwise controlling judgment endorse plurality rationale opinion concurring judgment dissenting part take definitive position first question stating rguably interpretation parties agreement made first instance arbitrator ibid emphasis added believe green tree raised question appropriate decision maker preferred reach question instead affirmed decision state ground decision conduct arbitration correct matter law ibid accordingly analysis bypassed first question noted rested instead resolution second third questions thus bazzle yield majority decision three questions unfortunately opinions bazzle appear baffled parties case time arbitration proceeding one thing parties appear believed judgment bazzle requires arbitrator decide whether contract permits class arbitration see app transcript argument arbitration panel counsel bazzle says contract interpretation issue left arbitrator rule bazzle fact however plurality decided question need revisit question parties supplemental agreement expressly assigned issue arbitration panel party argues assignment impermissible unfortunately however parties arbitration panel seem misunderstood bazzle another respect namely established standard applied decision maker determining whether contract may permissibly interpreted allow class arbitration arbitration panel began discussion stating parties differ regarding rule interpretation gleaned bazzle decision app pet cert emphasis added panel continued claimants argue bazzle requires clear language forbids class arbitration order bar class action panel however agrees respondents test general one arbitrators must look language parties agreement ascertain parties intention whether intended permit preclude class action ibid explained however bazzle establish rule applied deciding whether class arbitration decision bazzle left question open turn iv interpretation arbitration agreement generally matter state law see arthur andersen llp carlisle slip perry thomas faa imposes certain rules fundamental importance including basic precept arbitration matter consent coercion volt information sciences board trustees leland stanford junior congress enacted arbitration act faa formerly known express purpose making valid enforceable written provisions agreements arbitration disputes arising contracts maritime transactions commerce among territories foreign nations stat reenacted codified see stat faa provides pertinent part written provision maritime transaction calling arbitration controversy arising transaction shall valid irrevocable enforceable save upon grounds exist law equity revocation contract faa party arbitration agreement may petition district order directing arbitration proceed manner provided agreement consistent provisions said numerous occasions central primary purpose faa ensure private agreements arbitrate enforced according terms volt supra mastrobuono shearson lehman hutton see also doctor associates casarotto see generally whether enforcing agreement arbitrate construing arbitration clause courts arbitrators must give effect contractual rights expectations parties volt supra endeavor contract parties intentions control mitsubishi motors soler arbitrator derives powers parties agreement forgo legal process submit disputes private dispute resolution see technologies communications workers rbitrators derive authority resolve disputes parties agreed advance submit grievances arbitration mitsubishi motors supra agreeing arbitrate party trades procedures opportunity review courtroom simplicity informality expedition arbitration see also steelworkers warrior gulf nav arbitrator general charter administer justice community transcends parties rather part system created confined parties internal quotation marks omitted underscoring consensual nature private dispute resolution held parties free structure arbitration agreements see fit mastrobuono supra see also technologies supra example held parties may agree limit issues choose arbitrate see mitsubishi motors supra may agree rules arbitration proceed volt supra may choose resolve specific disputes app alexander burchell marsh see also international produce rosshavet arbitrators prominent experienced members specific business community dispute arbitrated arose cert denied think also clear precedents contractual nature arbitration parties may specify choose arbitrate disputes see eeoc waffle house othing faa authorizes compel arbitration issues parties already covered agreement emphasis added moses cone memorial hospital mercury constr arbitration agreement must enforced notwithstanding presence persons parties underlying dispute arbitration agreement steelworkers supra arbitrator general charter administer justice community transcends parties internal quotation marks omitted accord first options chicago kaplan rbitration simply matter contract parties way resolve disputes disputes parties agreed submit arbitration emphasis added falls courts arbitrators give effect contractual limitations courts arbitrators must lose sight purpose exercise give effect intent parties volt principles follows party may compelled faa submit class arbitration unless contractual basis concluding party agreed case however arbitration panel imposed class arbitration even though parties concurred reached agreement issue see app critical point view arbitration panel petitioners establish parties charter agreements intended preclude class arbitration app pet cert even though parties sophisticated business entities even though tradition class arbitration maritime law even though animalfeeds dispute customary shipper choose charter party used particular shipment panel regarded agreement silence question class arbitration dispositive panel conclusion fundamentally war foundational faa principle arbitration matter consent certain contexts appropriate presume parties enter arbitration agreement implicitly authorize arbitrator adopt procedures necessary give effect parties agreement thus said procedural questions grow dispute bear final disposition presumptively judge arbitrator decide howsam dean witter reynolds quoting john wiley sons livingston recognition grounded background principle hen parties bargain sufficiently defined contract agreed respect term essential determination rights duties term reasonable circumstances supplied restatement second contracts implicit agreement authorize arbitration however term arbitrator may infer solely fact parties agreement arbitrate arbitration changes nature arbitration degree presumed parties consented simply agreeing submit disputes arbitrator bilateral arbitration parties forgo procedural rigor appellate review courts order realize benefits private dispute resolution lower costs greater efficiency speed ability choose expert adjudicators resolve specialized disputes see gilmer lane mitsubishi motors see also penn plaza llc pyett slip parties generally favor arbitration precisely economics dispute resolution citing circuit city stores adams supra parties usually choose arbitrator trust knowledge judgment concerning demands norms industrial relations relative benefits arbitration much less assured giving reason doubt parties mutual consent resolve disputes arbitration cf first options supra noting one understand courts might hesitate interpret silence ambiguity decide arbitrability point giving arbitrators power might often force unwilling parties arbitrate contrary expectations consider fundamental changes brought shift bilateral arbitration arbitration arbitrator chosen according procedure see supra longer resolves single dispute parties single agreement instead resolves many disputes hundreds perhaps even thousands parties see app believe domestic class members hundreds class members ship domestic think covered see also bazzle involving class individuals awarded damages fees costs million single arbitrator class rules presumption privacy confidentiality applies many bilateral arbitrations shall apply class arbitrations see addendum brief american arbitration association amicus curiae class rule thus potentially frustrating parties assumptions agreed arbitrate arbitrator award longer purports bind parties single arbitration agreement adjudicates rights absent parties well cf ortiz fibreboard noting burden justification rests exception general rule one bound judgment personam litigation designated party made party service process internal quotation marks omitted commercial stakes arbitration comparable litigation cf app even though scope judicial review much limited see hall street think differences bilateral arbitration great arbitrators presume consistent limited powers faa parties mere silence issue arbitration constitutes consent resolve disputes class dissent minimizes crucial differences characterizing question arbitrators merely procedural mode available present animalfeeds claims post question simple need consider parties intent respect class arbitration see howsam supra committing procedural questions presumptively arbitrator discretion internal quotation marks omitted faa requires contrary dissent consistent precedents emphasizing consensual basis arbitration see question whether parties agreed authorize class arbitration parties stipulated agreement question follows parties compelled submit dispute class arbitration reasons judgment appeals reversed case remanded proceedings consistent opinion ordered justice sotomayor took part consideration decision case et petitioners animalfeeds international writ certiorari appeals second circuit april justice ginsburg justice stevens justice breyer join dissenting arbitration clause silent question may arbitration proceed behalf class prematurely takes important question indulging de novo review overturns ruling experienced errs addressing issue ripe judicial review compounding error substitutes judgment decisionmakers chosen parties dismiss petition improvidently reach merits adhere strict limitations federal arbitration act faa et places judicial review arbitral awards accordingly affirm judgment second circuit rejected petitioners plea vacation arbitrators decision recounts ante case launched class action federal charging named ocean carriers collectively conspiracy extract supracompetitive prices customers buyers services action terminated second circuit held first parties transactions governed contracts charter parties enforceable arbitration clauses second antitrust claims arbitrable jlm industries animalfeeds international animalfeeds thereupon filed demand class arbitration contested animalfeeds right proceed behalf class agreed submission threshold dispute panel arbitrators thus parties entered supplemental agreement choose arbitrators instruct follow rul american arbitration association supplementary rules class arbitrations app pet cert rule turn directed panel determine whether applicable arbitration clause permits arbitration proceed behalf class app receiving written submissions hearing arguments arbitration panel rendered award decided unanimously arbitration claus used parties shipping contracts permit arbitration proceed class arbitration app pet cert petitioned review urging vacatur award ground arbitrators exceeded powers appeals upheld award parties specifically agreed arbitration panel decide whether arbitration claus permitted class arbitration second circuit reasoned arbitration panel exceed authority deciding issue irrespective whether decided issue correctly ii consider first fitness arbitrators award judicial review arbitrators decided issue accord parties supplemental agreement threshold matter app decision arbitration clause permitted class arbitration abstract highly interlocutory panel decide whether particular claims animalfeeds advanced suitable class resolution see app pet cert much less delineate class consider whether class certified members putative class required th proceeding ante persuasively justify judicial intervention early game convincingly reconcile adjudication firm rule prevailing federal system see providing petitions certiorari inal judgments decrees state courts providing appeals review district final decisions catlin describing final decision generally one ends litigation merits leaves nothing execute judgment equated final decisions slim set collateral orders share characteristics conclusive resolve important questions separate merits effectively unreviewable appeal final judgment underlying action mohawk industries carpenter slip quoting swint chambers county rders relating class certification federal settled fit bill coopers lybrand livesay congress course provide exceptions rule prescriptions point include immediately appealable nterlocutory decisions authorizing promulgation rules defining district ruling final purposes appeal fed rule civ proc pursuant accords courts appeals discretion permit appeals district orders granting denying certification fed rule civ proc providing entry final judgment one fewer claims parties congress provide immediate review preliminary ruling question section faa governing appellate review district arbitration orders lists appealable disposition district decision confirming denying confirmation award partial award notably arbitrators matter hand labeled decision partial final clause construction award app pet cert true however parties arbitrators gain instant review slicing preliminary decision procedural order declaring resolution partial award cf hall street associates mattel faa provide expedited review confirm vacate modify arbitration awards substantiat national policy favoring arbitration limited review needed maintain arbitration essential virtue resolving disputes lacking definitive guidance courts appeals reviewed arbitration awards finally definitely dispos ing separate independent claim metallgesellschaft capitan constante others considered partial award finally determin liability damages hart surgical ultracision another confirmed interim ruling separate discrete independent severable issue island creek coal sales gainesville internal quotation marks omitted abrogated grounds cortez byrd chips bill harbert constr receptivity review preliminary rulings rendered arbitrators however hardly universal see dealer computer dub herring ford arbitration panel preliminary ruling contract bar class proceedings held ripe review arbitrators yet determined arbitration proceed behalf class metallgesellschaft feinberg dissenting piecemeal review make arbitration like litigation result desired better minimize number occasions parties arbitration come whole benefits parties arbitration process lower opinions thus divided much plain decision today ever approved immediate judicial review arbitrator decision preliminary partial award made iii even plea ripe judicial review reject merits recall parties jointly asked arbitrators decide initially whether arbitration clause shipping contracts permitted class proceedings see supra panel commissioned construed broad arbitration clause covering ny dispute arising making performance termination charter party app pet cert ruled expressly clause permitted class arbitration acts without warrant allowing essentially repudiate submission issue arbitration panel gain place arbitrators judgment de novo determination controlling faa prescription authorizes vacate arbitration panel decision unusual circumstances first options chicago kaplan four grounds vacatur codified restate longstanding rule arbitration award within submission contains honest decision arbitrators full fair hearing parties set award aside error either law fact burchell marsh sole ground invokes vacating arbitrators decision question provision whether arbitrators power based parties submissions arbitration agreement reach certain issue whether arbitrators correctly decided issue dirussa dean witter reynolds comprehensive accounting rudell parties supplemental agreement referring issue arbitration panel undoubtedly empowered arbitrators render decision scarcely debatable point resolve case characterization arbitration panel decision resting policy law hardly fair comment policy much mentioned arbitrators award instead panel tied conclusion arbitration clause permitted class arbitration app pet cert new york law federal maritime law decisions made panels pursuant rule american arbitration association supplementary rules class arbitrations outset explanation panel rejected argument proffered animalfeeds decision green tree financial bazzle settled matter requir ing clear language forbids class arbitration order bar class action app pet cert emphasis added agreeing regard panel said test employed looked language particular agreement gauge whether parties intended permit preclude class action ibid concentrating wording arbitration clause panel observed consistent new york law articulated new york appeals federal maritime law emphasizing breadth clause question dispute arising making performance termination charter party shall put arbitration panel noted numerous partial awards relied language similarly comprehensive permit class proceedings wide variety settings panel noted many panels rejected arguments similar advanced features statement counsel animalfeeds made hearing arbitration panel maintains belies argument clause question permits class arbitration parties agree contract silent issue agreement reached issue ante quoting app see ante sentence quoted hearing transcript concluded therefore agreement bar class arbitrations app emphasis added counsel quickly clarified position also undisputed arbitration clause contains broad language language interpreted permit class arbitrations see also noting consistent recognition arbitration panels silent broadly worded arbitration clause like one issue construed permit class arbitration road language silent class proceedings interpreted permit class panel acknowledged vigorously argued support expert testimony bulk international shippers never intend disputes decided class arbitration app pet cert concern panel suggested might met later stage class certified panel noted class membership confined affirmatively proceeding ibid question properly whether arbitrators ruling erroneous whether arbitrators exceeded powers arbitrators decided threshold issue explicitly committed see supra procedural mode available presentation animalfeeds antitrust claims cf shady grove orthopedic associates allstate ins plurality opinion slip ules allowing multiple claims claims multiple parties litigated together neither change plaintiffs separate entitlements relief abridge defendants rights alter claims arbitrators endeavored perform assigned task honestly contested courts sit hear claims factual legal error arbitrator appellate reviewing decisions lower courts paperworkers misco arbitrators merely arguably certainly constru ed contract fidelity commission ibid therefore may disturb arbitrators judgment even convinced serious error infected panel award ibid intrudes decision parties referred arbitrators compounds intrusion according arbitrators opportunity clarify decision thereby cure error perceives section asserts invests tribunal authority decide question originally referred panel ante controlling provision however says nothing kind section reads full award vacated time within agreement required award made expired may discretion direct rehearing arbitrators emphasis added provides justification disposition see supra page provides grounding peremptory action iv arbitrators consider whether claim proceed class basis apparently demands contractual language one read affirmatively authorizing class arbitration see ante party may compelled faa submit class arbitration unless contractual basis concluding party agreed ante breadth arbitration clause absence provision waiving banning class ante ties requirement affirmative authorization basic precept arbitration matter consent coercion ante quoting volt information sciences board trustees leland stanford junior parties may specify choose arbitrate observes may limit issues choose arbitrate ante arbitrators delineating appropriate class need disregard contractual constraints case example animalfeeds proposes pursue behalf class claims arising charter party agreement provides arbitration app pet cert emphasis added arbitrators certify proposed class adjudicate rights persons agreed arbitrate issues subject arbitration ante emphasis omitted also links requirement parties right stipulate rules arbitration may proceed see ibid question however proper default rule stipulation arbitration provisions noted species clauses see scherk suppose parties chosen new york judicial forum resolution dispute involving contract ocean carriage goods little question designated state federal authority conduct claims like animalfeeds class basis prospect vanish dispute clause contained arbitration agreement cf connecticut general life ins sun life assurance canada reading contract authorization arbitrate ny dispute permit consolidation arbitrations right arbitrators ordinarily equipped manage class proceedings see ante claimant retain right proceed format adjudication costly individual claims modest size class proceedings may thing without potential claimants little incentive seek vindication rights amchem products windsor carnegie household realistic alternative class action million individual suits zero individual suits lunatic fanatic sues mindful disallowance class proceedings severely shrinks dimensions case controversy claimant mount note stopping points decision first insist express consent class arbitration class arbitration may ordered contractual basis concluding part ies agreed submit class arbitration ante see ante occasion decide contractual basis may support finding parties agreed authorize second observing parties sophisticated business entities customary shipper choose charter party used particular shipment apparently spares requirement contracts adhesion presented basis ante qualifications limit scope decision remain persuaded arbitrators judgment disturbed foregoing reasons dismiss petition want controversy ripe judicial review reach merits affirm second circuit judgment confirming arbitrators decision footnotes harter parties commonly drafted using highly standardized forms specific particular trades business needs parties comment comparative analysis charter party agreements subject respective american british laws decisions details tulane mar see also schoenbaum admiralty maritime law ed invoking argument pressed considered courts dissent concludes question presented ripe review see post opinion ginsburg dissent offers clear justification embracing argument necessarily considered rejected granting certiorari williams ripeness reflects constitutional considerations implicate article iii limitations judicial power well prudential reasons refusing exercise jurisdiction reno catholic social services evaluating claim determine whether ripe judicial review consider fitness issues judicial decision hardship withholding consideration national park hospitality assn department interior extent dissent believes question granted certiorari constitutionally unripe review disagree arbitration panel award means petitioners must submit class determination proceedings arbitrators petitioners correct authority require class arbitration absent parties agreement resolve disputes basis see class rule cited app brief american arbitration association amicus curiae petitioners refuse proceed maintain essentially ultra vires proceeding almost certainly subject petition compel arbitration cf regional rail reorganization act cases inevitability operation statute certain individuals patent irrelevant existence justiciable controversy time delay disputed provisions come effect think clear facts petitioners demonstrated sufficient hardship question fit review time extent dissent believes question prudentially unripe reject argument waived sprietsma mercury marine see reason disregard waiver express view whether similar case federal may consider question prudential ripeness motion see national park hospitality supra ven case raising prudential concerns question ripeness may considered motion decide whether survives decision hall street associates mattel independent ground review judicial gloss enumerated grounds vacatur set forth animalfeeds characterizes standard requiring showing arbitrators knew relevant legal principle appreciated principle controlled outcome disputed issue nonetheless willfully flouted governing law refusing apply brief respondent internal quotation marks omitted assuming arguendo standard applies find satisfied reasons follow panel reliance arbitral awards confirms panel decision based determination regarding parties intent arbitral awards made aaa class rules adopted thus none available parties entered vegoilvoy charter party class period ranging see defining class period indeed hearing panel counsel animalfeeds conceded hen talk expectations virtually every one arbitration clauses subject aaa decisions drafted bazzle therefore going talk parties intentions bazzle class arbitrations common post bazzle common app moreover award panel appeared acknowledge none cited arbitration awards involved contract sophisticated business entities see app pet cert see government kingdom boeing see also glencore schnitzer steel prods champ siegel trading unlike subsequent arbitration awards arbitrators cited decisions available parties entered contracts petitioners produced expert evidence experienced maritime arbitrators demonstrating customary shipping business parties resolve disputes bilateral arbitration see app expert declaration john kimball years practicing maritime lawyer never encountered arbitration clause charter party construed allowing class action arbitration expert declaration bruce harris working maritime arbitrator thirty years matter first ever encountered issue class action arbitration even raised experts amplified written statements live testimony well see app kimball opining prospect class action maritime arbitration quite foreign overseas shipping executives charterers harris opining view london corps international arbitration class arbitration inconceivable new york law general maritime law evidence custom usage relevant determining parties intent express agreement ambiguous see excess ins factory mut ins precedent establishes ambiguity reinsurance certificate surrounding circumstances including industry custom practice taken consideration lopez consolidated edison contract terms ambiguous parol evidence custom practice properly admitted show parties intent east garage savoy fifth avenue contract free ambiguity preclude extrinsic evidence industry custom usage establish correct interpretation understanding agreement term see also great circle lines matheson certain customs shipping industry crucial factors considered deciding whether meeting minds maritime contract samsun khozestan mashine kar supp sdny contract one charter party established practices customs shipping industry inform analysis parties agreed hough admiralty jurisdiction late years harv rev noting maritime law body sea customs custom sea includes customary interpretation contract language dissent calls conclusion hardly fair noting word much mentioned arbitrators award post merely saying something make cf morrison arbitrators need said relying policy make hearing arbitration panel one arbitrators recognized body arbitration awards animalfeeds relied involved essentially consumer cases app response counsel animalfeeds defended applicability awards asserting vast majority claimants petitioners negative value claims meaning costs litigate get panel credited body awards concluding petitioners demonstrated parties intent preclude class arbitration observed petitioners anticonsolidation precedents controlled appear basis class action absent express agreement among parties putative class members app pet cert animalfeeds invokes parties supplemental agreement evidence petitioners waived claim arbitrators construe arbitration agreement permit class arbitration brief respondent dissent concludes likewise existence parties supplemental agreement renders petitioners argument scarcely debatable post arguments easily answered clear terms supplemental agreement parties expressly provided supplemental agreement alter scope parties arbitration agreements charter party agreement either fact agreement terms may used support oppose argument favor class action arbitration may relied upon parties arbitration panel tribunal purposes app pet cert emphasis added agreement arbitrate obliged enforce parties supplemental agreement according terms mastrobuono shearson lehman hutton question arbitration panel charged deciding whether arbitration clause vegoilvoy charter party allowed class arbitration nothing supplemental agreement conferred authority arbitrators exceed terms charter party thus contrary animalfeeds argument statements show petitioners waive argument bazzle establish standard decision maker apply construing arbitration clause see generally sturges murphy confusing matters relating arbitration arbitration act law contemp prob recounting history arbitration act reenactment codification occasion decide contractual basis may support finding parties agreed authorize arbitration noted parties stipulated agreement issue arbitration app footnotes three panelists leaders bar see brief respondent alternatively vacate instructions dismiss lack present jurisdiction see reply brief opposition counsel animalfeeds submitted arbitration cost vast majority absent class members indeed current claimants litigate matter individual basis recover antitrust case particularly involving international cartel extraordinarily difficult expensive litigate app paragraph break omitted federal rule civil procedure adopted response coopers lybrand gives courts appeals discretion permit appeal order granting denying certification rule permit review preliminary order kind issue one defers decision whether grant deny certification see metallgesellschaft feinberg dissenting describing exception separate independent claims creat ing effect arbitration analogue fed rule civ proc see liberty mut ins wetzel district order determining liability reserving decision damages held immediately appealable parties agreed arbitrators issue partial final award stay proceedings permit party move competent jurisdiction confirm vacate award app arbitration agreement held expand judicial review available faa hall street associates mattel title provides following cases district wherein award made may make order vacating award upon application party arbitration award procured corruption fraud undue means evident partiality corruption arbitrators either arbitrators guilty misconduct refusing postpone hearing upon sufficient cause shown refusing hear evidence pertinent material controversy misbehavior rights party prejudiced arbitrators exceeded powers imperfectly executed mutual final definite award upon subject matter submitted made new york law panel referred evans famous music several courts invalidated contractual bans waivers class arbitration proceeding individual basis feasible view high costs entailed slim benefits achievable see american express merchants litigation kristian comcast discover bank superior cal leonard terminix lp right proceed behalf class first place however provision banning waiving recourse aggregation device superfluous