Posts tagged Discover Bank v. Superior Court
Mandatory Arbitration and the Growing Power of Corporations

The Federal Arbitration Act (FAA) was created by Congress in 1925 in order to validate the enforceability of arbitration agreements. These agreements are informal, streamlined adjudications that were intended to resolve disputes by replacing the cumbersome trial process.[1] While this concept appears relatively clear-cut, there have been numerous instances of litigation surrounding the validity and enforceability of mandatory arbitration. What seems to be a simplified resolution process has instead become a dangerous obstacle wherein the rights of consumers to take companies to court via lawsuits are limited.

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