November 09, 2016 Articles

The Coming Storm: Federal Regulations that Attempt to Limit Arbitration

By Mark Kantor

One of the main and developing issues affecting arbitration in the United States is whether federal agencies can prohibit pre-dispute arbitration agreements based on their general regulatory authority even when there is no new Congressional act that gives them that authority. By comparison, the statutory provisions in the Dodd-Frank Financial Reform Act arguably empower the Consumer Finance Protection Bureau and the Securities and Exchange Commission to regulate the use of arbitration agreements. The disputes about the general regulatory authority of the federal agencies are now crystallizing in a number of industries.

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