Arbitration's Dark Shadow

Abstract

Arbitration has expanded broadly, removing disputes involving entire industries from judicial review. The absence of judicial review plunges these disputes and industries into shadow. This shadow causes the public to lose sight of vital information about industry practices and arbitrators to gradually lose sight of the law. Federal intervention may be necessary to restore consumer protections, including customer choice, to bring these disputes out of the shadows.

Keywords: Arbitration, Securities, Securities Arbitration, Consumer Protection, CFPB, Class Actions, Class Action Waiver