Talk:Consumer arbitration

Latest comment: 8 months ago by Thewikieditrix in topic Update - Mass arbitration, changed rules and fees

Sources

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I shall make a note to myself of sources I want to add into the article:

  • Amy J. Schmitz. "Untangling the Privacy Paradox in Arbitration". 54 U. Kan. L. Rev. 1211 (2006)
  • Susan Randall. "Judicial Attitudes toward Arbitration and the Resurgence of Unconscionability". 52 Buff. L. Rev. 185 (2004)

RJaguar3 | u | t 13:42, 12 December 2013 (UTC)Reply

Here's another useful source (CQ): http://library.cqpress.com/cqresearcher/document.php?id=cqresrre2016031100. RJaguar3 | u | t 18:33, 13 March 2016 (UTC)Reply

New York Times source

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A comprehensive source that anyone is free to include in the article: "Arbitration Everywhere, Stacking the Deck of Justice" RJaguar3 | u | t 18:02, 31 October 2015 (UTC)Reply

COI and useful source

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Here's a useful source that could go in the "class action waivers" section of the article. "CFPB Arbitration Plan Provokes Dubious Industry Claims" by Jeff Sovern in American Banker. In an abundance of caution, I'm declaring COI but anyone is welcome to add the source to the article if they think it's appropriate. Thanks, RJaguar3 | u | t 14:31, 14 November 2015 (UTC)Reply

I've thought about it some more, and I believe WP:SELFCITE, if anything, applies to the source (Note: I am not the author of the cited source). I'm going to go ahead and add it to the article. RJaguar3 | u | t 20:36, 14 November 2015 (UTC)Reply

Discovery

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I see that the discovery subsection is empty. I noticed Discovery in Arbitration by Forstadt (2006) - would that be using? It is published in a weird way. I also saw Arbitration Discovery Has Its Limits from 2008 and It’s Time to Fix Arbitration Discovery from 2010. II | (t - c) 06:11, 18 January 2016 (UTC)Reply

In insurance

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So insurance is where a lot of litigation happens (if you look at my contribs, you'll see I work in that area a lot). I'd be interested to see that covered here. So far, arbitration provisions are relatively rare in insurance. My notes say that Public Citizen reported that 20 states prohibit them, but I can't find the citation. Looking around, I did see that Will Policyholders be Compelled to Arbitrate International Coverage Disputes? from Executive Counsel (2007) said:

At least eleven states have enacted laws that specifically refuse to allow the arbitration of insurance disputes. A decision in favor of the Fifth Circuit’s position would all but nullify such antiarbitration statutes with respect to global trade disputes

I'm also pretty sure that arbitration provisions do appear in uninsured motorist clause coverage. II | (t - c) 06:25, 18 January 2016 (UTC)Reply

Update - Mass arbitration, changed rules and fees

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This article could use significant updates. It appears to have had its last substantive editing around 2015. Significant changes occurred in US consumer arbitration which for example have likely changed the statistic that less than 1% of AAA cases are consumer cases. Also needs updating for the change in structure brought on by the mass arbitration trends over last couple years. Thewikieditrix (talk) 04:44, 7 March 2024 (UTC)Reply