CJAC: Civil Justice Association of California

H.R. 1873 and S. 987 - "Arbitration Fairness Act"

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CJAC Position: Oppose

CJAC is opposing H.R. 1873, authored by Rep. Henry Johnson (D-GA), and S. 987, authored by Sen. Al Franken (D-MN). These proposals, known as the “Arbitration Fairness Act”, take the extraordinary step of declaring any pre-dispute arbitration agreement invalid and unenforceable if it requires arbitration of an employment, consumer, or civil rights dispute.

Arbitration is a fair, speedy, and efficient method of resolving disputes that would otherwise end up in costly courthouse litigation.

This bill is being advanced on the faulty premise that a consumer is disadvantaged by having signed an agreement to arbitrate future disputes. In truth, arbitration brings cases to resolution faster and at less expense to both parties than traditional litigation.

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