Jackson, wading into the contentious issue of arbitration to find that courts can review the applicability of individual arbitration clauses but not the entire agreement itself.

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If the court rules against Italian Colors, it could open the door to more widespread use of arbitration clauses that ban class actions, possibly even including changes in corporate bylaws to preclude securities class actions.

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The main restrictions on arbitration clauses have to do with the convenience of the arbitration location and whether it honors U.S. law.

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In his 15 years on the U.S. Court of Appeals for the Third Circuit in Philadelphia, Alito repeatedly has upheld the rights of companies to enforce the terms of their contracts, including clauses requiring binding arbitration and specifying where the parties can sue.

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