Sec. 17. No forced arbitration for antitrust disputes
369 words·~2 min read·
/bill/118/s/4308/is/section-17A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Title 9, United States Code, is amended by adding at the end the following: In this chapter— the term antitrust dispute means a dispute— arising from an alleged violation of the antitrust laws (as defined in subsection
(a)of the first section of the Clayton Act ( 15 U.S.C. 12(a) )) or State antitrust laws; and in which the plaintiffs seek certification as a class under rule 23 of the Federal Rules of Civil Procedure or a comparable rule or provision of State law; 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 an antitrust dispute. 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. . Title 9 of the United States Code is amended— in section 2, by inserting or 5 before the period at the end; in section 208, by inserting or 5 before the period at the end; and in section 307, by inserting or 5 before the period at the end. The table of chapters for title 9, United States Code, is amended by adding at the end the following: 5. Arbitration of antitrust disputes 501 .
Connectionstraces to 1
Traces to 1 document
U.S. Code
Citation graph
cites case law
Sec. 17
No forced arbitration for antitrust disputes
Cites 1Cited by 0 across 0 sources