ABSTRACT
Over the past four decades, corporate interests, in concert with the Supreme Court, have surgically dismantled the American civil litigation system. Enacted nearly a century ago, the Federal Arbitration Act (FAA) was once a procedural law mandating that federal courts enforce arbitration agreements between sophisticated parties with equal bargaining power. Through death by a thousand cuts, corporate interests shielded themselves from nearly all methods of en masse dispute resolution. These interests weaponized the FAA into a ‘one size fits all’ means to compel potential litigants with unequal bargaining power into arbitration. The so-called ‘Arbitration Revolution’ is the subject of much scholarly literature, but a nascent offspring of the Revolution is forcing corporate interests to retreat from their decades-long crusade – Mass Arbitration …
Nissensohn, Andrew, Mass Arbitration 2.0 (October 4, 2022), Washington and Lee Law Review, volume 79, no 3, 2022.
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