Sovern, Greenberg, and Kirgis Secure Grant for Arbitration Research

Professors Jeff Sovern, Elayne Greenberg, and Paul Kirgis, in conjunction with the Hugh L. Carey Center for Dispute Resolution, have been awarded a grant from the American Association of Justice to survey consumers about their understanding of arbitration clauses.  The grant is to culminate in publication of a law review article.  Many consumer contracts include clauses requiring the parties to forego litigation in court or class actions, and it is unclear whether consumers understand the rights they give up when they enter into such contracts.  The professors’ research should shed light on that question.  Congress has barred the use of arbitration clauses in some consumer contracts, and has directed the Consumer Financial Protection Bureau to study the use of arbitration clauses, after which the Bureau may issue a regulation regulating their use.



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