Challenging Arbitration Requirements and How to Conduct an Arbitration Proceeding
In almost every area of consumer litigation today, the first question is whether the case can be forced into binding arbitration. This treatise, now in its eighth edition, is the definitive treatment on the subject, written by some of today’s most active consumer attorneys in the field.
Experts Explain the Latest on How to Defeat Arbitration Requirements
- Federal limits on arbitration enforceability for mortgages, manufactured homes, credit to active-duty military, claims in bankruptcy, and claims involving schools, nursing homes, credit reporting, sexual harassment, the Servicemembers Civil Relief Act, and more.
- New wave of cases finding arbitration agreements not validly consummated, especially involving digital agreements
- Either business’ initial participation in court litigation or failure to pay for arbitration fees as waiver of the arbitration requirement
- Consumers, defendants and claims not subject to an arbitration agreement—more common than you think
- Continued viability of unconscionability challenges and where arbitration prevents effective vindication of federal claims
- State law limits on arbitration involving insurance, transportation workers, and in certain other transactions survive FAA preemption
Experts Explain How to Succeed in an Arbitration Proceeding
- A special chapter focuses on tips in winning in arbitration proceedings from a successful consumer arbitration practitioner
- Mass arbitration as a new way to obtain widespread relief for consumers, with advice from experienced mass arbitration practitioners
- When class arbitration is a viable and powerful alternative to individual arbitration
- Limits on business challenges to consumers’ successful arbitration award, including punitive damage awards
Praise
"The National Consumer Law Center has come to the rescue of lawyers handling consumer cases. The Series has the answers for the myriad questions that can arise. The analysis of the law contains an extensive study of state statutes and generous footnotes citing case law in every state." — Texas Bar Journal