Arbitration provisions in consumer and employment contracts provide an effective, efficient, and fair alternative to a court system that is both costly and overburdened—and all too often fails to deliver justice for companies or their customers and employees.
Mayer Brown has been a pioneer in helping clients implement arbitration programs as an alternative to judicial resolution of disputes. We have deep experience:
- Working with clients to develop fair, effective, and enforceable arbitration clauses in a variety of business sectors, including telecommunications, financial services, and online businesses;
- Representing parties in the landmark cases establishing the enforceability of arbitration clauses—for example, we served as counsel for AT&T Mobility in the AT&T Mobility v. Concepcion litigation, including the path-breaking Supreme Court decision that Forbes characterized as a “monumental victory,” and wrote influential amicus briefs in American Express Co. v. Italian Colors Restaurant, Stolt-Nielsen SA v. Animalfeeds International and Rent-A-Center v. Jackson;
- Litigating and winning motions to compel arbitration in federal and state trial courts; and securing reversal of adverse rulings on appeal (and defending victories in trial courts). For example, we recently obtained summary reversal by the Supreme Court of a state court’s refusal to enforce an arbitration clause; and
- Participating actively in the policy debate regarding consumer and employment arbitration, including advocating before Congress, state legislatures and in administrative proceedings.
Although the Supreme Court’s decision in Concepcion eliminated many of the obstacles to the enforcement of arbitration clauses, attempts to limit the scope of Concepcion and otherwise disrupt the operation of arbitration programs continue. For information regarding these issues, please see our Experience
Companies increasingly are recognizing that arbitration provides a fair and efficient alternative to litigation, and courts are clarifying the rules for drafting enforceable arbitration agreements.