Congress Considers Legislation That Could Significantly Alter Arbitration in the United States

Source: Mark Kantor, NYSBA New York Dispute Resolution Lawyer, Vol. 1 no. 1, Fall 2008

Arbitration in the United States has grown rapidly to encompass consumer and employment disputes. Many arbitration clauses in those fi elds now include waivers of U.S. class action rights, creating signifi cant controversy. In response to these developments, Congress is now considering several legislative proposals that would, if adopted, fundamentally alter arbitration in the United States. The changes contemplated by those bills extend far beyond consumer and similar disputes, to cover business-to-business and international arbitration as well.

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