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Litigation

Cal. Litig. 2015, Volume 28, Number 2

Can Private Attorney General Actions Be Forced Into Arbitration?

By Marc D. Alexander

Marc D. Alexander

The Arbitration Juggernaut

Professor Imre Szalai, in his recent history of arbitration in the United States, Outsourcing Justice: The Rise of Modern Arbitration Laws in America (2013), has shown that progressive reform efforts to expand the use of arbitration in the early 20th century, culminating in the Federal Arbitration Act of 1925 (FAA), contemplated a speedy, efficient, final, and binding method to resolve disputes between merchants. But arbitration has expanded since 1925 to include disputes with employees, disputes with consumers, and small disputes between parties other than merchants.

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