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Amex Policy Reopens High Court Debate on Arbitration Limits

U.S. Supreme Court justices, hearing a clash between American Express Co. and retailers over enforceability of routine arbitration agreements, questioned whether the case lacks information needed to make a decision.

Justice Anthony Kennedy, a possible swing vote, and three Democrat-appointed justices, suggested the record wasn’t developed fully enough to determine whether the merchants were improperly denied the ability to effectively bring a claim because the agreement barred group action in arbitration.