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Consumer Arbitration of Statutory Claims: Has Pre-Dispute [Mandatory] Arbitration Outlived Its Welcome?

Abstract

This Article considers the question of whether pre-dispute arbitration clauses associated with the traditional model of arbitration have outlived their usefulness. The answer is a qualified yes for consumer contracts, especially where there is no collective bargaining agreement and statutory claims are involved. This Article explores the complex reasons for this conclusion and recommends several amendments to the Federal Arbitration Act that, along with various private initiatives such as the American Arbitration Association's Consumer Due Process Protocol, are needed to protect the public interests involved.

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40 Ariz. L. Rev. 1069 (1998)

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Authors

Richard E. Speidel (Northwestern University)

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