Silence – golden, but not clear.

Silence may be golden, but it does not clearly compel the arbitration of class claims. In Robinson v. Home Owners Management Enterprises, the Texas Supreme Court held that: “(1) arbitrability of class claims is a ‘gateway’ issue for the court unless the
arbitration agreement ‘clearly and unmistakably’ expresses a contrary intent; (2) ‘[a] contract that is silent on a matter cannot speak to that matter with unmistakable clarity’; and (3) an agreement to arbitrate class claims cannot be inferred from silence or ambiguity—an express contractual basis is required.”
No. 18-0504 (Nov. 22, 2019) (footnotes omitted).

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