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>> Unfortunately, interpretations of the Federal Arbitration Act by the US Supreme Court in recent decades have made it very clear that what they're doing is le
by dctoedt 3y ago
>> Unfortunately, interpretations of the Federal Arbitration Act by the US Supreme Court in recent decades have made it very clear that what they're doing is legal nationwide under US law, with or without an opportunity to opt out.
> Do you have sources for that?
The GP comment is pretty accurate. My course materials (being updated) have a fairly-comprehensive discussion of arbitration: https://toedtclassnotes.site44.com/Notes-on-Contract-Drafting-2021-08-21.html#arb-cls https://toedtclassnotes.site44.com/Notes-on-Contract-Draftin...
- hn_throwaway_99 3y agoThat source doesn't answer my question though, which is specifically about changing Ts&Cs to require arbitration after the contract was originally agreed to by the consumer.
- dctoedt 3y agoThat's also OK, generally - see https://toedtclassnotes.site44.com/Notes-on-Contract-Drafting-2021-08-21.html#amend-unil https://toedtclassnotes.site44.com/Notes-on-Contract-Draftin...
- hn_throwaway_99 3y agoThanks! I'm still a bit curious to see if this has been tested in court, but that section is really informative and I like that it gives a bunch of cases I can look up. Most appreciated!
- dctoedt 3y agoYes, courts have upheld unilateral amendments requiring arbitration; see the Halliburton [0] and Lizalde [1] cases discussed in the course materials. Class-action waivers in arbitration provisions have been upheld by the U.S. Supreme Court in American Express v. Italian Colors Restaurant [2] [0] Halliburton: https://scholar.google.com/scholar_case?case=1820576798960453006 https://scholar.google.com/scholar_case?case=182057679896045... [1] Lizalde: https://scholar.google.com/scholar_case?case=16326955403953755557 https://scholar.google.com/scholar_case?case=163269554039537... [2] AmEx v. Italian Colors Restaurant: https://scholar.google.com/scholar_case?case=6722127011078046207 https://scholar.google.com/scholar_case?case=672212701107804...