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Below is the first part of an article by Sonia Bjorkquist from lexology.com. It reads…

The story of class actions in 2013 has some interesting themes, some of which were furthered by the long-awaited commentary from the Supreme Court of Canada. In the next five posts, we will highlight five themes we saw and how we expect them to develop in 2014.The first theme is whether the enforcement of class action waivers should be analysed differently from the enforcement of arbitration agreements. Class action waivers and arbitration agreements are both contractual in nature, but many factors can affect their enforceability, including whether legislation in some or all jurisdictions prohibits either or both for some or all issues and in some or all contexts, what the exact clauses say, whether they are together or separate, what the dispute is about, who the parties are, and which court is hearing any challenge to the clauses.
Marc Primo Pulisci is a Los Angeles based attorney practicing with Initiative Legal Group. Marc Primo Pulisci has been practicing law for over 10 years. Find Marc on Marc Primo TwitterMarc Primo MantaMarc Primo FacebookMarc Primo Squarespace, Marc Primo Pulisci Dot ComMarc Primo Dot Com
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