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Congress Considers Arbitration Fairness Act of 2013

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by Beth Graham

Friday, May 10, 2013


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Earlier this week, Minnesota Senator Al Franken reintroduced legislation aimed at removing forced arbitration clauses from antitrust, consumer, and employment contracts.  Senate Bill 878, dubbed “The Arbitration Fairness Act of 2013” reportedly:

• Restores the original intent of the FAA by clarifying the scope of its application.
• Amends the FAA by adding a new chapter invalidating agreements that require the arbitration of employment, consumer, civil rights, or antitrust disputes made before the dispute arises.
• Restores the rights of workers, consumers, and small businesses trying to compete to seek justice in our courts.
• Ensures transparency in civil litigation.
• Protects the integrity of the Civil Rights Act, the Equal Pay Act, the Americans with Disabilities Act, and the Age Discrimination in Employment Act, among others.

The text of the proposed law was originally considered in 2011.  Similar legislation was also introduced in the House by Representative Hank Johnson, Jr. of Georgia as H.R. 1844.

We would love to hear your thoughts regarding the proposed legislation.

Related Posts

  • U.S. Arbitration and Mediation Update | Sept. 2011U.S. Arbitration and Mediation Update | Sept. 2011
  • U.S. Arbitration and Mediation Update | August, 2011U.S. Arbitration and Mediation Update | August, 2011
  • U.S. Arbitration and Mediation Legislative Update | July 2011U.S. Arbitration and Mediation Legislative Update | July 2011
  • U.S. Congress Introduces the Arbitration Fairness Act of 2011U.S. Congress Introduces the Arbitration Fairness Act of 2011
  • Pending U.S. Legislation on Arbitration and Mediation: UpdatePending U.S. Legislation on Arbitration and Mediation: Update
  • Federal Legislation on ArbitrationFederal Legislation on Arbitration

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About Beth Graham

Beth Graham earned a Master of Arts in Information Science and Learning Technologies from the University of Missouri-Columbia, and a Juris Doctor from the University of Nebraska College of Law, where she was an Eastman Memorial Law Scholar. Beth is licensed to practice law in Texas and the District of Columbia. She is also a member of the Texas Bar College and holds CIPP/US, CIPP/E, and CIPM certifications from the International Association of Privacy Professionals.

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.

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