In a surprising move, President Joe Biden signed into law the bipartisan Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 (EFAA) (https://www.congress.gov/bill/117th-congress/house-bill/4445/text?r=1&s=1). This article analyzes the law itself and looks at open-ended questions involving its scope, including how courts are likely to manage litigation involving arbitrable and non-arbitrable claims.

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