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An Important Time For The Future Of Class Action Waivers And The Power Struggle Between Businesses And Consumers, Jack Downing
An Important Time For The Future Of Class Action Waivers And The Power Struggle Between Businesses And Consumers, Jack Downing
Missouri Law Review
This Note discusses the inherent problems that come with arbitration clauses in contracts of adhesion. Further, this Note will address the likelihood of a potential change – through future Supreme Court interpretations of the FAA or new legislation. Something must be done to protect those with inferior bargaining power from being forced, through contracts of adhesion, to give up their right to bring class action lawsuits. If Congress, the Supreme Court, and regulatory agencies maintain the status quo, companies will retain the ability to improperly strip consumers of their rights and their due compensation nationwide.
Exploring The Federal Arbitration Act Through The Lens Of History Symposium, Imre Stephen Szalai
Exploring The Federal Arbitration Act Through The Lens Of History Symposium, Imre Stephen Szalai
Journal of Dispute Resolution
The United States Arbitration Act (known today as the Federal Arbitration Act, or FAA) is a relatively short and deceptively cryptic statute. The heart of the statute, section 2, is one sentence, and this key provision simply declares that arbitration agreements are generally “valid, irrevocable, and enforceable.” There is not much traditional legislative history surrounding this statute because much of the development of the bill that became the FAA occurred through organizations outside of Congress, like the American Bar Association and the New York Chamber of Commerce.3 As a result, to understand the FAA at a deeper level, it is …