Regulation Rash? Questioning the AFA's Approach for Protecting Arbitration Fairness
Banking & Financial Services Pol'y Rep, Vol. 28, No. 10, pp. 16-35, 2009
20 Pages Posted: 6 Feb 2010 Last revised: 16 Jun 2010
Date Written: February 5, 2010
As arbitration’s prominence grows in a wide variety of contracts, it is imperative to ensure fairness with respect to its use and procedures. However, the proposed Arbitration Fairness Act (AFA) may be too rash in its blanket ban on pre-dispute arbitration agreements in employment, consumer, franchise, and civil right claims contexts. Instead, a more measured approach is warranted.
Keywords: Arbitration, Contracts, Consumer Rights, Consumer Law, Dispute Resolution
JEL Classification: K12, K41, K30, K10
Suggested Citation: Suggested Citation