An arbitration blog by Prof. Imre Szalai
I just published a new study about the prevalence of consumer arbitration agreements: https://lawreview.law.ucdavis.edu/online/vol52/52-online-Szalai.pdf. Because of the expansive, permissive (and in many respects, flawed) legal framework for arbitration created by the Supreme Court, together with the ease of generating contracts through Continue Reading
The Supreme Court just released its decision in New Prime v. Oliveira (click here for a copy of the decision), and as I predicted after oral argument, this case is a win for workers. I believe this is the first Continue Reading
I wanted to share some new legal arguments that could be helpful to invalidate arbitration clauses containing harsh terms. I just published a new article that proposes what I believe is a novel way of looking at the Federal Arbitration Continue Reading
This is a very, very long post, probably my longest. I’ve received many questions the last few days about the arbitration issues surrounding the Trump and Stormy Daniels affair. The purported hush agreement between Trump and Daniels contains an arbitration Continue Reading
Earlier today, bipartisan members of the Senate and House introduced the “Ending Forced Arbitration of Sexual Harassment Act of 2017.” (click here for a copy of the House bill) A core part of the House bill states the following: “no predispute Continue Reading
First Circuit Issues Flawed FAA Decision The First Circuit recently discussed whether a non-signatory is bound by an arbitration agreement. See Ouadani v. TF Final Mile LLC, No. 17-1583 (1st Cir. Nov. 21, 2017) (click here for a copy of Continue Reading
I was interviewed today on the Marketplace Morning Report regarding my new arbitration study and the Supreme Court’s oral arguments in the D.R. Horton cases. Here’s a link (the episode is titled “Future of Gun Sales,” and my interview about arbitration appears Continue Reading
In anticipation of the D.R. Horton cases to be argued next week, I am publishing a report about the use of arbitration clauses for workplace-related disputes. The key finding from my study, which is based solely on publicly-available data, shows Continue Reading
Recently, the federal agency in charge of administering Medicare and Medicaid issued a final rule prohibiting the use of pre-dispute arbitration agreements in nursing homes. In the nursing home context, and in other contexts like consumer and employment settings, there Continue Reading
Today, October 7, 2015, the Consumer Financial Protection Bureau issued its proposals regarding arbitration agreements. Under these proposals, arbitration agreements in a contract for consumer financial products or services must explicitly state that the arbitration agreement does not apply to Continue Reading