Review on the Adhesiveness of Consumer Arbitration Agreements: U.S. Laws

소비자 중재합의의 부합계약성에 관한 검토 - 미국법을 중심으로 -

This paper investigates the U.S. courts'attitudes toward the legal doctrine of adhesion contracts, which have been employed as contract defenses by individual consumers who have entered into consumer arbitration agreements with businesses. Some requirements have been added to the sole adhesiveness of the arbitration clause that can invalidate the arbitration clause, including unconscionability and unreasonable harshness. It seems that the U.S. courts have moved toward a more tightened stance in evaluating the validity of consumer arbitration clauses, favoring consumer arbitration.