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

U of Colorado Law Legal Studies Research Paper No. 10-02

20 Pages Posted: 6 Feb 2010 Last revised: 16 Jun 2010

See all articles by Amy J. Schmitz

Amy J. Schmitz

University of Missouri School of Law

Date Written: February 5, 2010

Abstract

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

Schmitz, Amy J., Regulation Rash? Questioning the AFA's Approach for Protecting Arbitration Fairness (February 5, 2010). Banking & Financial Services Pol'y Rep, Vol. 28, No. 10, pp. 16-35, 2009, U of Colorado Law Legal Studies Research Paper No. 10-02, Available at SSRN: https://ssrn.com/abstract=1548670

Amy J. Schmitz (Contact Author)

University of Missouri School of Law ( email )

Missouri Avenue & Conley Avenue
Columbia, MO MO 65211
United States
573-882-5969 (Phone)

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