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 recently filed briefs in arbitration cases that have defended arbitration agreements against attacks based on state “unconscionability” doctrines and related state law rules that discriminate against arbitration, opposed arguments that federal or state regulatory authority prevents businesses from enforcing agreements to arbitrate, and supported the enforceability of online “clickthrough” arbitration agreements.