As arbitration agreements have become increasingly commonplace in dealings between large companies and their subscribers, courts have taken a strong interest in protecting consumer rights. As part of this protection, courts have to apply federal statutes, protecting the right to treble damages and recovery of attorney\u27s fees in the context of mass arbitration agreements. The difficulty comes in attempting to allow companies to exercise their freedom of contract while protecting consumers with little bargaining power. Although other courts have largely favored arbitration, and upheld its applicability, a clash remains between consumer protection statutes and the waiver of those statutory rights for arbitration purposes
In 1925, Congress enacted the Federal Arbitration Act (FAA) as a means of quelling judicial hostilit...
Since Congress first enacted the Federal Arbitration Act (FAA) in 1925, arbitration agreements have ...
The longstanding debate over the benefits and detriments of mandatory arbitration in the consumer co...
As arbitration agreements have become increasingly commonplace in dealings between large companies a...
The American system of arbitration is constantly evolving. From the first formal arbitration tribun...
Published in cooperation with the American Bar Association Section of Dispute Resolutio
In Shroyer, the Ninth Circuit laid a foundation for looking at consumer class action arbitration wai...
Other scholars and courts have concluded that when a class action waiver prevents a plaintiff from v...
The Consumer Financial Protection Bureau (CFPB) issued a final rule this summer that will prohibit f...
Published in cooperation with the American Bar Association Section of Dispute Resolutio
Arbitration clauses in contracts require consumers to waive their rights to bring litigation in cour...
The benefits of arbitration as a form of alternative dispute resolution in business to business disp...
Companies are increasingly using arbitral class action prohibitions to insulate themselves from clas...
Published in cooperation with the American Bar Association Section of Dispute Resolutio
Arbitration has been demonized in the media and consumer protection debates, often without empirical...
In 1925, Congress enacted the Federal Arbitration Act (FAA) as a means of quelling judicial hostilit...
Since Congress first enacted the Federal Arbitration Act (FAA) in 1925, arbitration agreements have ...
The longstanding debate over the benefits and detriments of mandatory arbitration in the consumer co...
As arbitration agreements have become increasingly commonplace in dealings between large companies a...
The American system of arbitration is constantly evolving. From the first formal arbitration tribun...
Published in cooperation with the American Bar Association Section of Dispute Resolutio
In Shroyer, the Ninth Circuit laid a foundation for looking at consumer class action arbitration wai...
Other scholars and courts have concluded that when a class action waiver prevents a plaintiff from v...
The Consumer Financial Protection Bureau (CFPB) issued a final rule this summer that will prohibit f...
Published in cooperation with the American Bar Association Section of Dispute Resolutio
Arbitration clauses in contracts require consumers to waive their rights to bring litigation in cour...
The benefits of arbitration as a form of alternative dispute resolution in business to business disp...
Companies are increasingly using arbitral class action prohibitions to insulate themselves from clas...
Published in cooperation with the American Bar Association Section of Dispute Resolutio
Arbitration has been demonized in the media and consumer protection debates, often without empirical...
In 1925, Congress enacted the Federal Arbitration Act (FAA) as a means of quelling judicial hostilit...
Since Congress first enacted the Federal Arbitration Act (FAA) in 1925, arbitration agreements have ...
The longstanding debate over the benefits and detriments of mandatory arbitration in the consumer co...