2 ms·
> Congress needs to pass a law forbidding contracts from forcing individuals into arbitration. Congress, unfortunately, passed almost exactly the opposite law.
by _delirium 9y ago
> Congress needs to pass a law forbidding contracts from forcing individuals into arbitration.
Congress, unfortunately, passed almost exactly the opposite law. The American courts traditionally disfavored binding arbitration, viewing it as a kind of illegitimate private court usurping the power of the proper courts. The Federal Arbitration Act (1925) overturned that norm with regard to federal-court cases, and the Supreme Court controversially ruled in 1984 [1] that the FAA preempted state anti-arbitration laws as well, which is when binding arbitration really began to take off.
[1] https://en.wikipedia.org/wiki/Southland_Corp._v._Keating https://en.wikipedia.org/wiki/Southland_Corp._v._Keating