New Era ADR
A newer arbitration provider whose mass rules were held unconscionable as applied in a leading Ninth Circuit case.
Named in consumer terms as the exclusive forum, with mass rules that could be triggered by as few as five cases sharing common issues and a protocol under which three confidential bellwether outcomes would bind all remaining claimants. The Ninth Circuit's treatment of that regime is the leading authority on how far a drafter may go in selecting a bespoke provider and protocol.
See also
- Bellwether Provision (Arbitration)A clause under which a small sample of arbitrations is resolved first, with results shaping or binding the remainder.
- Mass Arbitration ProtocolThe bespoke procedural regime a clause imposes once mass filings are triggered.
- Delegation ClauseA provision assigning questions of arbitrability to the arbitrator rather than a court.
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