Arbitration

A critical piece of the Litigation Center’s work continues to be protecting the enforceability of pre-dispute arbitration agreements, including those that waive the availability of class actions.

The Litigation Center has been deeply involved in every significant arbitration case decided by the Supreme Court in the last decade, where the Court has reiterated time and again that the Federal Arbitration Act (“FAA”) compels state and federal courts to enforce arbitration agreements on the same terms as other contracts. 

Despite these important victories, some lower courts remain hostile to arbitration. The Litigation Center has forcefully opposed various efforts to discriminate against arbitration, to reimpose class arbitration, to shrink the FAA’s protections by stretching the statute’s exemption for transportation workers engaged in interstate commerce, or⸺as with interpretation of California’s Private Attorneys General Act⸺simply to refuse proper enforcement of arbitration agreements.