By Jack Moore Last year was a busy one for arbitration in the United States. The Supreme Court decided three cases in 2024 pertaining to arbitration, the Ninth Circuit decided another, and in August, a high-profile dispute involving the Walt Disney Company brought the word “arbitration clause” into the popular conversation. The landscape of consumer…
Category: Domestic (U.S.)
Forced Arbitration in Tesla’s Consumer Contracts
by: Abby Hug, Senior Staffer The Federal Arbitration Act (FAA) reflects a federal policy that strongly favors arbitration for resolving disputes, especially regarding written agreements between a buyer and seller. Arbitration appeals to organizations because arbitrators tend to issue results that favor the company that hired them, it is cheaper than litigation, and keeps product…
What the Penn Plaza Decision Means for a New Generation of Union Workers
By: Dominic Charles On June 23, 2023, Starbucks Workers United (Union) announced that 3,500 workers would strike in retaliation to Starbucks’ corporate policy ordering stores to remove all LGBTQ+ decorations. The Union’s concern over the needs of its LGBTQ+ members reflects a diversifying union workforce in which two-thirds of workers are women and/or people of…
The Future of Mandatory Arbitration Clauses in Employment Contracts
By: Marimar Seda, Senior articles Editor Employment arbitration is a method of resolving issues between an employer and an employee in an out-of-court setting. Arbitration has been around for a long time but was first codified in 1925 with the passage of the Federal Arbitration Act (FAA). Congress passed the FAA, to establish a foundation…
California Gets Creative: How AB 51’s Future May Shape State Regulation of Arbitration
By: Scarlett Horn; Junior Staffer The United States (“U.S.”) Supreme Court has used cases such as Concepcion and Lamps Plus to establish its preference for enforcing arbitration clauses, including those that waive the right to class actions in consumer and employment contracts. Despite the pro-arbitration trend, California has remained undeterred in its resolve to avoid…
The Arbitration Brief 