> Additionally, if you had any source of statistical data showing that arbitration was an unfair process, that would be admissible to get the arbitration thrown

> Additionally, if you had any source of statistical data showing that arbitration was an unfair process, that would be admissible to get the arbitration thrown out. False. The Federal Arbitration Act applies in most cases where a party has "agreed" to arbitration, and pre-empts state law. A party can't just show "any" source of statistical data showing arbitration is unfair. If they run to court, in most cases, all the other party has to do to succeed in a motion to compel arbitration is establish that an arbitration agreement exists, applies, and meets the minimum procedural requirements for arbitration under the FAA. The court will not entertain an inquiry into the fairness of arbitration in the large or examine statistical evidence. It will basically rely on the text of the arbitration agreement standing alone.