Italian Colors Restaurant v. American Express Travel Related Services Co.

POOLER, Circuit Judge:

This case returns to us from the Supreme Court. Defendants American Express Company and American Express Travel Related Services Company Inc. (to*189gether, “Amex”) sought review from the Supreme Court following our decision in In re American Express Merchants Litigation, 554 F.3d 300 (2d Cir.2009). There, we considered the enforcement of a mandatory arbitration clause in a commercial contract also containing a “class action waiver,” that is, a provision which forbids the parties to the contract from pursuing anything other than individual claims in the arbitral forum. We…