Title: Individualized Injunctions and No-Modification Terms: Challenging 'Anti-Reform' Provisions in Arbitration Clauses
Abstract: The Supreme Court’s recent decisions in AT&T Mobility v. Concepcion and American Express v. Italian Colors have considered only whether class actions for monetary damages may be barred by arbitration clauses requiring individual adjudication. The Justices have not examined the enforceability of arbitration clauses or arbitral rules which explicitly prohibit claimants from seeking or arbitrators from granting broad injunctive relief in an individual dispute. I term these anti-reform provisions because they broadly prohibit an individual arbitral claimant from seeking to end a practice, change a rule, or enjoin an act that causes injury to itself and to similarly-situated non-parties. This essay is the first to consider the enforceability of such provisions, and to provide a framework for analyzing their enforceability.
Publication Year: 2014
Publication Date: 2014-08-27
Language: en
Type: article
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