In the year since the U.S. Supreme Court decided AT&T Mobility v. Concepcion, courts have eliminated many obstacles to enforcement of fair and effective arbitration provisions. Companies that previously viewed arbitration as too uncertain to justify the expense of creating a dispute resolution system are taking a second look and, frequently, adopting arbitration.
But the opponents of arbitration are not giving up. In addition to devising legal arguments to try to narrow Concepcion, they are mounting a policy attack urging Congress and federal agencies to ban predispute arbitration in the consumer and employment contexts.
