Two Recent Cases Highlight Mandatory Arbitration Provisions

Mandatory arbitration provisions may be on the endangered species list, but they are not gone yet.  Two opinions from two different courts were published this past week addressing mandatory arbitration clauses. The cases presented different issues and the results were not consistent.

First, some background.

The CFPB has initiated their Rulemaking Process regarding mandatory arbitration provisions. A SBRFA Panel (named for the Small Business Regulatory Enforcement Fairness Act of 1996), which was convened on October 28. See here for insideARM’s October 7, 2015 story on the rulemaking proceedings.

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