Claim Suppression

A term of art in the scholarly literature on arbitration redrafting. Suppression need not be intentional in any individual clause; it is the aggregate consequence of stacking notice requirements, evidentiary preconditions, batching queues, and fee allocations such that a meaningful share of meritorious claims is never adjudicated. Whether procedural elaboration of this kind takes an agreement outside what the Federal Arbitration Act protects — and therefore outside preemption — is an active question.