As reported by PointofLaw.com, the House Judiciary Committee Subcommittee on Commercial and Administrative Law held a hearing on September 15th, titled “Mandatory Binding Arbitration – Is it Fair and Voluntary?”
Witnesses included:
- Rep. Henry C. “Hank” Johnson (D-GA), sponsor of H.R. 1020 (a.k.a. “Arbitration Fairness Act”). The Arbitration Fairness Act of 2009 would ban mandatory pre-dispute arbitration in employment, consumer, and franchise contracts. House version: H.R. 1020 and Status. Senate version: S. 931 and Status. (read the testimony here and press release here)
- Rep. Linda T. Sanchez (D-CA), sponsor of H.R. 1237 (a.k.a. “Fairness in Nursing Home Arbitration Act”). The Fairness in Nursing Home Arbitration Act of 2009 would render pre-dispute arbitration clauses in nursing home contracts unenforceable. House version: H.R. 1237 and Status. Senate version: S. 512 and Status. (read the testimony here and press release here)
- Alison Hirschel, National Consumer Voice for Quality Long-Term Care. (read the testimony here)
- Stuart T. Rossman, National Consumer Law Center. (read the testimony here)
- Stephen J. Ware, University of Kansas School of Law. (read the testimony here)
- Cliff Palefsky, National Employment Lawyers Association. (read the testimony here)
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arbitration, ADR, law, legislation, Arbitration Fairness Act of 2009, Fairness in Nursing Home Arbitration Act of 2009


[...] U.S. Congressional Hearing | “Mandatory Binding Arbitration – Is it Fair and Voluntary?” (Sept. 16) [...]
[...] Following a U.S. Congressional Hearing on consumer arbitration held on July 22, (testimonies are here and videos are here) the American Arbitration Association (AAA) said (read more here) that it will not initiate arbitrations to collect from consumers until new guidelines are established. Soon after, JPMorgan Chase (read more here) and Bank of America (read more here) announced that they will no longer require mandatory arbitration on customers’ credit card disputes. In addition, Congress held a hearing on September 15th, titled “Mandatory Binding Arbitration – Is it Fair and Voluntary?” (testimonies are here) [...]