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A bill to amend title 9, United States Code, with respect to arbitration.

USA115th CongressS-647| Senate 
| Updated: 3/15/2017
Richard Blumenthal

Richard Blumenthal

Democratic Senator

Connecticut

Cosponsors (6)
Edward J. Markey (Democratic)Sheldon Whitehouse (Democratic)Patty Murray (Democratic)Sherrod Brown (Democratic)Al Franken (Democratic)Jeff Merkley (Democratic)

Judiciary Committee

  • Introduced
  • In Committee
  • On Floor
  • Passed Chamber
  • Enacted
Mandatory Arbitration Transparency Act of 2017 This bill prohibits predispute arbitration agreements from containing a confidentiality clause regarding an employment, consumer, or civil rights dispute that could be interpreted to prohibit a party from: (1) making a communication in a manner such that the prohibition would violate a whistle-blower statute; or (2) reporting or making a communication about tortious conduct, unlawful conduct, or issues of public policy or public concern. But the prohibition shall not apply if a party can demonstrate a confidentiality interest that significantly outweighs the private and public interest in disclosure. The validity or enforceability of such an agreement to arbitrate shall be determined by a court, under federal law, rather than by 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. The bill does not apply to contracts between an employer and a labor organization or between labor organizations, except that no such arbitration provision shall waive the right of an employee to seek judicial enforcement of a right arising under the U.S. Constitution, a state constitution, a federal or state statute, or related public policy. The Federal Trade Commission shall enforce against violations by persons offering such agreements, which shall be treated as unfair or deceptive acts or practices under Federal Trade Commission Act. The bill also allows private rights of action by any persons aggrieved by a violation.
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Timeline
Mar 15, 2017
Introduced in Senate
Mar 15, 2017
Read twice and referred to the Committee on the Judiciary.
Nov 14, 2017

Latest Companion Bill Action

HR 115-4130
Referred to the Subcommittee on Regulatory Reform, Commercial And Antitrust Law.
  • March 15, 2017
    Introduced in Senate


  • March 15, 2017
    Read twice and referred to the Committee on the Judiciary.


  • November 14, 2017

    Latest Companion Bill Action

    HR 115-4130
    Referred to the Subcommittee on Regulatory Reform, Commercial And Antitrust Law.

Law

Related Bills

  • HR 115-4130: To amend title 9, United States Code, with respect to arbitration.
Alternative dispute resolution, mediation, arbitrationCivil actions and liabilityConsumer affairsContracts and agencyEmployment discrimination and employee rights

A bill to amend title 9, United States Code, with respect to arbitration.

USA115th CongressS-647| Senate 
| Updated: 3/15/2017
Mandatory Arbitration Transparency Act of 2017 This bill prohibits predispute arbitration agreements from containing a confidentiality clause regarding an employment, consumer, or civil rights dispute that could be interpreted to prohibit a party from: (1) making a communication in a manner such that the prohibition would violate a whistle-blower statute; or (2) reporting or making a communication about tortious conduct, unlawful conduct, or issues of public policy or public concern. But the prohibition shall not apply if a party can demonstrate a confidentiality interest that significantly outweighs the private and public interest in disclosure. The validity or enforceability of such an agreement to arbitrate shall be determined by a court, under federal law, rather than by 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. The bill does not apply to contracts between an employer and a labor organization or between labor organizations, except that no such arbitration provision shall waive the right of an employee to seek judicial enforcement of a right arising under the U.S. Constitution, a state constitution, a federal or state statute, or related public policy. The Federal Trade Commission shall enforce against violations by persons offering such agreements, which shall be treated as unfair or deceptive acts or practices under Federal Trade Commission Act. The bill also allows private rights of action by any persons aggrieved by a violation.
View Full Text

Suggested Questions

Get AI-generated questions to help you understand this bill better

Timeline
Mar 15, 2017
Introduced in Senate
Mar 15, 2017
Read twice and referred to the Committee on the Judiciary.
Nov 14, 2017

Latest Companion Bill Action

HR 115-4130
Referred to the Subcommittee on Regulatory Reform, Commercial And Antitrust Law.
  • March 15, 2017
    Introduced in Senate


  • March 15, 2017
    Read twice and referred to the Committee on the Judiciary.


  • November 14, 2017

    Latest Companion Bill Action

    HR 115-4130
    Referred to the Subcommittee on Regulatory Reform, Commercial And Antitrust Law.
Richard Blumenthal

Richard Blumenthal

Democratic Senator

Connecticut

Cosponsors (6)
Edward J. Markey (Democratic)Sheldon Whitehouse (Democratic)Patty Murray (Democratic)Sherrod Brown (Democratic)Al Franken (Democratic)Jeff Merkley (Democratic)

Judiciary Committee

Law

Related Bills

  • HR 115-4130: To amend title 9, United States Code, with respect to arbitration.
  • Introduced
  • In Committee
  • On Floor
  • Passed Chamber
  • Enacted
Alternative dispute resolution, mediation, arbitrationCivil actions and liabilityConsumer affairsContracts and agencyEmployment discrimination and employee rights