Sec. 3. Arbitration of disputes involving the rights of servicemembers and veterans
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Title 9 of the United States Code is amended by adding at the end the following: Sec. 401. Definitions. 402. No validity or enforceability. In this chapter— the term predispute arbitration agreement means an agreement to arbitrate a dispute that has not yet arisen at the time of the making of the agreement; and the term predispute joint-action waiver means an agreement, whether or not part of a predispute arbitration agreement, that would prohibit, or waive the right of, one of the parties to the agreement to participate in a joint, class, or collective action in a judicial, arbitral, administrative, or other forum, concerning a dispute that has not yet arisen at the time of the making of the agreement.
Notwithstanding any other provision of this title, no predispute arbitration agreement or predispute joint-action waiver shall be valid or enforceable with respect to a dispute relating to disputes arising under chapter 43 of title 38 or the Servicemembers Civil Relief Act. An issue as to whether this chapter applies with respect to a dispute shall be determined under Federal law. The applicability of this chapter to an agreement to arbitrate and the validity and enforceability of an agreement to which this chapter applies shall be determined by a court, 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, and irrespective of whether the agreement purports to delegate such determinations to an arbitrator.
Nothing in this chapter shall apply to any arbitration provision in a contract between an employer and a labor organization or between labor organizations, except that no such arbitration provision shall have the effect of waiving the right of a worker to seek judicial enforcement of a right arising under a provision of the Constitution of the United States, a State constitution, or a Federal or State statute, or public policy arising therefrom. . Title 9 of the United States Code is amended— in section 1 by striking of seamen, and all that follows through interstate commerce and inserting persons and causes of action under ; chapter 43 of title 38 or the Servicemembers Civil Relief Act in section 2 by inserting or as otherwise provided in chapter 4 before the period at the end; in section 208— in the section heading by striking and inserting Chapter 1; residual application ; and Application by adding at the end the following:
This chapter applies to the extent that this chapter is not in conflict with chapter 4. ; and in section 307— in the section heading, by striking and inserting Chapter 1; residual application ; and Application by adding at the end the following: This chapter applies to the extent that this chapter is not in conflict with chapter 4. . The table of sections of chapter 2 of title 9, United States Code, is amended by striking the item relating to section 208 and inserting the following: 208.
Application. . The table of sections of chapter 3 of title 9, United States Code, is amended by striking the item relating to section 307 and inserting the following: 307. Application. . The table of chapters of title 9, United States Code, is amended by adding at the end the following: 4. Arbitration of servicemember and veteran disputes .