S. 1135 would amend chapter 1 of title 9, United States Code, to establish fair procedures for arbitration clauses in contracts.
Detailed Summary
Fair Arbitration Act of 2007 - Requires a contract containing an arbitration clause, in order to be binding on the parties, to: (1) have a heading "ARBITRATION CLAUSE" printed in bold, capital letters; (2) state explicitly whether participation in arbitration is mandatory or optional; (3) identify a source that a consumer or employee can contact for additional information regarding the arbitration program; and (4) provide notice that all parties retain the right to resolve a dispute in a small claims court for a claim of $50,000 or less.
Entitles each party under arbitration to: (1) a competent, neutral arbitrator and independent, neutral administration of the dispute; (2) representation by an attorney or other representative at such party's expense; (3) a fair arbitration hearing; (4) a face-to-face hearing; (5) the right to present evidence and cross examine witnesses; (6) a written explanation of the basis for the arbitrator's decision; and (7) the right to opt out of binding arbitration and into the small claims court (for claims of $50,000 or less).
Prescribes procedures for complaints by any party of denial of rights by the other party or the arbitrator.
Status of the Legislation
Latest Major Action: 4/17/2007: Referred to Senate committee. Status: Read twice and referred to the Committee on the Judiciary.
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