Articles + Publications December 1, 2024

Mass Arbitration Clauses: How Have They Fared So Far?

Written by

Matthew H. Adler

Reprinted with permission from the December 2024 issue of Alternatives to the High Cost of Litigation, the newsletter of the International Institute for Conflict Prevention & Resolution. (Vol. 42, No. 11).

For decades, representatives of business interests fought to place disputes, especially business-to-consumer (“B-to-C”) disputes, into arbitration rather than court. A second front in this battle developed in which these same interests collided over whether the arbitration clauses in the B-to-C contract could also contain a ban on class actions or, in the words of some cases and clauses, a ban on “collective actions.”

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