An Arbitration Agenda for the Biden Administration

7 Pages Posted: 5 May 2021 Last revised: 6 Jul 2021

Date Written: April 30, 2021


In recent decades, increased use of forced arbitration provisions has blunted the impact of regulatory schemes that are enforced through private civil litigation. The major institutional driver of expansions in arbitration law has been the Supreme Court. But federal administrative agencies and executive departments can play an important, if underappreciated, role in addressing harmful uses of arbitration.

This essay - prepared for the University of Illinois Law Review's symposium on the Biden administration’s first 100 days - highlights the tools available to agencies and executive departments to address the effects of forced arbitration and offers suggestions for how they might be used. Executive branch action alone cannot undo all of the arbitration’s effects on private regulatory enforcement; but it can do much to restore this engine of the U.S. legal system.

Keywords: arbitration, litigation, private enforcement, Federal Arbitration Act, FAIR Act, PRO Act, Biden

JEL Classification: K40, K41, K42, J52

Suggested Citation

Noll, David and Clopton, Zachary D., An Arbitration Agenda for the Biden Administration (April 30, 2021). 2021 University of Illinois Law Review Online 104, Available at SSRN:

David Noll (Contact Author)

Rutgers Law School ( email )

123 Washington Street
Newark, NJ 07102
United States
9733532584 (Phone)


Zachary D. Clopton

Northwestern University - Northwestern Pritzker School of Law ( email )

750 N. Lake Shore Drive
Chicago, IL 60611
United States

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