Page:Lamps Plus, Inc. v. Frank Varela.pdf/38

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Cite as: 587 U. S. ___ (2019)
3

Kagan, J., dissenting

Further on, the remedial and procedural terms of the agreement support reading it to authorize class arbitration. The arbitrator, according to the contract, may “award any remedy allowed by applicable law.” Id., at 26a. That sweeping provision easily encompasses classwide relief when the “any and all disputes” that the contract’s first sentence places in arbitration call for such remedies.[1] And under the agreement, the arbitration shall be conducted “in accordance with” the rules of either of two designated arbitration providers—both of which furnish rules for arbitrators to conduct class proceedings. Id., at 25a–26a; see, e. g., American Arbitration Assn., Supplementary Rules for Class Arbitrations (2011). Even the section Lamps Plus cites in arguing that the agreement bars class arbitration instead points to the opposite conclusion. In describing what the agreement covers, one provision states: “The Company and I mutually consent to the resolution by arbitration of all claims or controversies (‘claims’), past, present, or future that I may have against the Company.” App. to Pet. for Cert. 24a; see id., at 24a–25a (“Specifically, the Company and I mutually consent to the resolution by arbitration of all claims that may hereafter arise in connection with my employment”). Lamps Plus (along with the concurrence, see ante, at 1–2 (opinion of Thomas, J.)) highlights “th[e] repeated use of singular personal pronouns” there, contending that it is incompatible with a form of arbitration that also involves
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  1. In discussing another arbitration provision, this Court identically reasoned: “[I]t would seem sensible to interpret the ‘all disputes’ and ‘any remedy or relief’ phrases to indicate, at a minimum, an intention to resolve through arbitration any dispute that would otherwise be settled in a court, and to allow the chosen dispute resolvers to award the same varieties and forms of damages or relief as a court would be empowered to award.” Mastrobuono v. Shearson Lehman Hutton, Inc., 514 U. S. 52, 61–62, n. 7 (1995) (internal quotation marks omitted). Here, that means sending to arbitration (among other things) class disputes seeking class relief.