[This was originally published in the author’s blog at the Securities Arbitration Commentator] For those who thought the Supreme Court in AT&T Mobility LLC v. Concepcion, 131 S. Ct. 1740 (2011), laid to rest any questions about whether the Federal Arbitration Act (“FAA”) preempts state laws barring class action waivers in a consumer predispute arbitration…
By George H. Friedman* Introduction The recent release of the Consumer Financial Protection Bureau’s Final Report to Congress on mandatory arbitration of consumer financial disputes has focused attention on the prevalent use of mandatory, predispute arbitration agreements (“PDAAs”) in consumer transactions. The Report, released March 10th was quite negative about arbitration, foreshadowing regulations to address…
By George H. Friedman [This was originally published in the author’s blog at the Securities Arbitration Commentator] Short answer: no. For those who want a little more detail, read on. I wrote recently on my blogs at both the Securities Arbitration Commentator and Arbitration Resolution Services about the Consumer Financial Protection Bureau’s (“CFPB”) study of…
[This was originally published in the author’s blog at the Securities Arbitration Commentator] The Securities Arbitration Commentator has reported many times on the Consumer Financial Protection Bureau‘s (“CFPB”) study of mandatory predispute arbitration agreements (“PDAAs”) in consumer financial products and services. To review, Dodd-Frank, Section 1414, bans outright PDAAs in residential mortgage contracts, and…
Online courts must not compromise fairness By Julia Hörnle, Queen Mary University of London Can the serious atmosphere of court, standing in the dock facing a be-wigged judge and barristers, be carried over into the world of video-conferencing? Skype of the Bailey, if you will. This is what the Civil Justice Council’s recently…