Publication Date

Winter 2016

Journal

DePaul Law Review

Abstract

The article examines the tension between the Federal Arbitration Act (FAA) and state public policy, particularly in consumer arbitration cases. It argues that while the FAA prioritizes arbitration agreements, state public policy can override such agreements when they undermine fairness or due process. The analysis focuses on the implications of ATT Mobility v. Concepcion, which upheld the enforceability of class action waivers under the FAA, and explores how state laws and policies continue to influence arbitration outcomes, especially regarding consolidation and assignment of consumer claims.

Volume

65

Issue

2

First Page

687

Last Page

720

Publisher

DePaul University College of Law

Disciplines

Dispute Resolution and Arbitration | Law | Legal Remedies

Comments

Symposium: The Supreme Court, Business and Civil Justice: Twenty-First Annual Clifford Symposium on Tort Law and Social Policy

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