Arbitration & Access to Justice

A major impediment to consumer vindication of their rights is the widespread use of mandatory arbitration clauses in consumer contracts.  This section of our website contains materials relating to various approaches to attack such clauses.  A model state law limits the use of such clauses while not being preempted by the Federal Arbitration Act.  A consumer law treatise, Consumer Arbitration Agreements, provides tactics to challenge arbitration agreements' enforceability.  Testimony and comments support federal legislation limiting mandatory arbitration.

Policy Analysis

U.S. Supreme Court CompuCredit Corp. v. Greenwood Decision Denies Basic Legal Right to Day in Court, Press Release, (Jan. 10, 2012)

Letter supporting H.R. 1020, Arbitration Fairness Act, July 26, 2010

Report on Forced Arbitration: A Biased System of Private Justice, April 2010

Testimony: Recent Developments in the Forced Arbitration Market and the Continued Need for Protective Legislation
- Exhibit I, Exhibit II, Exhibit III, Exhibit IV, Exhibit V

10 Practice Implications of the NAF Stunner

Letter supporting Arbitration Fairness Act, H.R. 1020 (Johnson)

Consumer Groups Support Nursing Home Arbitration Act S. 2838/HR 6126

Letter Supporting Arbitration Fairness Act, S. 1782
 

Model State Laws Limiting Arbitration

Preservation of Legal Rights (e.g. class actions, statutory or equitable remedies)

Limits on Arbitration in Insurance Transactions

Cost Disclosures in Arbitration Agreements

Limits on Consumer Arbitration

Regulation of Arbitration Service Providers

Related Publications

Consumer Arbitration Agreements
2011 Sixth Edition