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INTRODUCTION (1) For years, the Annual Survey has covered the consistently favorable treatment that federal courts, including the U.S. Supreme Court, have shown to the Federal Arbitration Act ("FAA") (2) [...]

INTRODUCTION (1) In 2022, the U.S. Supreme Court issued five opinions dealing with a variety of Federal Arbitration Act ("FAA") (2) issues: Viking River Cruises, Inc. v. Moriana (3) held [...]

INTRODUCTION From the late 1990s until 2012, when the Bureau of Consumer Financial Protection ("CFPB") commenced arbitration rulemaking, the consumer arbitration landscape was dominated by robust judicial decision-making, including several [...]

INTRODUCTION Although the last several years have seen divergent decisions on the enforceability of arbitration agreements with class action waivers, (1) the U.S. Supreme Court's decisions in AT&T Mobility LLC [...]

This article is an overview of the hard choices that face a general counsel (GC) when weighing the pros and cons of whether and when a particular complex business dispute [...]

INTRODUCTION As discussed in the previous Annual Survey, (1) the last several years have seen divergent decisions reaching opposite legal conclusions on the enforceability of arbitration agreements with class action [...]

INTRODUCTION During the past year, although most federal courts have continued to enforce consumer arbitration agreements, (1) an increasing number of courts have shown hostility toward them, often basing such [...]

INTRODUCTION During the past year, although most federal courts have continued to enforce consumer arbitration agreements, an increasing number of courts have shown hostility toward them, often basing such hostility [...]

INTRODUCTION During the past year, although federal courts have continued to enforce consumer arbitration agreements, (1) an increasing number of state courts have shown hostility toward them, often basing such [...]

During 2007, Congress showed significant interest in mandatory pre-dispute consumer arbitration agreements. Some in Congress focused on whether to prohibit them altogether. This Article argues that such legislation is unnecessary [...]

In recent years, there has been an explosion of "class arbitrations"--arbitration proceedings in which the claimant purports to represent a class of absent individuals. In this Article, the authors examine [...]

INTRODUCTION Practitioners in the consumer financial services field are well aware that the Federal Arbitration Act ("FAA) (1) establishes federal substantive arbitration law that is applicable in both federal and [...]

It is a long-standing principle of American law, the American Rule, that a prevailing party in a litigation is not entitled to an award of attorneys' fees except (i) where [...]

INTRODUCTION One of the most important arbitration questions that has yet to be definitively resolved by the U.S. Supreme Court is the enforceability of an express class action waiver in [...]

INTRODUCTION This past year extended a five-year trend in which the courts have shown an increasing willingness to enforce consumer arbitration provisions. This trend is likely to continue. The Federal [...]

INTRODUCTION The past year's most closely watched and eagerly awaited consumer arbitration opinion, Green Tree Financial Corp. v. Bazzle, was handed down by the U.S. Supreme Court on June 23, [...]

INTRODUCTION Consumer financial services companies have recently been bombarded with consumer lawsuits, both individual and class action, attacking virtually all aspects of their lending and credit practices. Many of the [...]

INTRODUCTION This is the sixteenth Annual Survey of Consumer Financial Services Law and, like other recent Surveys, it reflects the proliferation of consumer financial services law issues and developments. Ironically, [...]

INTRODUCTION During 1999,(1) consumer financial services companies, led by the issuers of the American Express and the Discover cards, continued to implement arbitration programs with their customers at a record [...]

As a general rule, the National Association of Securities Dealers (NASD) requires arbitration of any disputes arising in connection with the business of its members. Prior to 1992, in the [...]