Arbitration Reform Proposals
Legislative efforts to restrict or condition pre-dispute arbitration in consumer and employment contracts.
Broad restrictions on consumer and employment arbitration have repeatedly been introduced and have not advanced. Subject-matter carve-outs have fared better, and the 2022 sexual assault and harassment statute is the model. A distinct strand of scholarly argument holds that heavily engineered modern clauses may fall outside the FAA altogether, opening space for state regulation without preemption difficulties.
See also
- Ending Forced Arbitration of Sexual Assault and Sexual Harassment ActThe 2022 federal statute giving claimants the option to void pre-dispute arbitration agreements for sexual assault and harassment claims.
- FAA PreemptionThe displacement of state law that obstructs enforcement of arbitration agreements.
- Claim SuppressionThe net effect of procedural requirements that deter, delay, or defeat claims regardless of merit.
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