S. 931 would amend title 9 of the United States Code with respect to arbitration.
Detailed Summary
Arbitration Fairness Act of 2009 - Declares that no predispute arbitration agreement shall be valid or enforceable if it requires arbitration of an employment, consumer, or franchise, or civil rights dispute.
Declares, further, that the validity or enforceability of an agreement to arbitrate shall be determined by a court, under federal law, rather than an arbitrator, irrespective of whether the party resisting arbitration challenges the arbitration agreement specifically or in conjunction with other terms of the contract containing such agreement.
Exempts from this Act arbitration provisions in a contract between an employer and a labor organization or between labor organizations. Denies to any such arbitration provision, however, the effect of waiving the right of an employee to seek judicial enforcement of a right arising under the Constitution of the United States, a state constitution, or a federal or state statute, or public policy arising therefrom.
Status of the Legislation
Latest Major Action: 4/29/2009: Referred to Senate committee. Status: Read twice and referred to the Committee on the Judiciary.
Points in Favor
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Points Against
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Visitor Comments
Ronni Cook
July 12, 2009, 6:03pm (report abuse)We are currently victims of this unfair practice. We were not aware of the fine print in our house contract with Dan Ryan builders and when they failed to build our house (the contract was Aug.08 to be completed by 6/09) we asked to be released. We were told we could not sue because of the artibration stipulation. Now they have not even startd our house and we cannot afford arbitration. It is criminal!!!! We are being held to the contract and don't know when they will build the house and we already sold our house, so now we have not house! We saw an attorney and he said the Dan Ryan contract was the worst he'd seen and there was no way to fight them leagally. Please pass this bill so others aren't caught as we have been.