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Professor Peter Friedman

GUEST-POST | Part Two: The Emergence in the Last Month of an Express Judicial Recognition that Arbitration Clauses Barring Class Relief in Consumer Agreements Are Void

By Victoria VanBuren - July 28, 2009
By Peter Friedman In Part One, we asked whether there is any solution to the problem created by mandatory arbitration clauses and class action waivers in consumer online transactions. As a general rule, courts hold that mandatory arbitration clauses are enforceable. Thus, for example, the Pennsylvania Law Encyclopedia explains that under the Uniform Arbitration Act, a version of which governs the use of arbitration in virtually 36 states, mandato

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GUEST-POST: “Alternative” Dispute Resolution, the Rhetoric of Naming, and the Emerging Trend to Invalidate Mandatory Arbitration Clauses and Class Action Waivers in Consumer Agreements

By Victoria VanBuren - July 27, 2009
By Peter Friedman Part One – The Problem: Mandatory Arbitration clauses that preclude class relief in consumer agreements make arbitration a means of precluding consumers from obtaining any feasible relief. Calling “Alternative Rock” a certain style of music some students at liberal arts colleges enjoy has long given the music a sheen of integrity, the kind of integrity parodied as pretense by calling those fans “granola eaters” who wear Birkenst

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About Disputing

Disputing is published by Karl Bayer, a dispute resolution expert based in Austin, Texas. Articles published on Disputing aim to provide original insight and commentary around issues related to arbitration, mediation and the alternative dispute resolution industry.

To learn more about Karl and his team, or to schedule a mediation or arbitration with Karl’s live scheduling calendar, visit www.karlbayer.com.

Recent Posts

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Feb 24, 2025
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JAMS Welcomes Karl Bayer to its Panel of Neutrals
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