U.S. Arbitration Law in the Wake of AT&T v. Concepcion
Both sides in the public policy debate over consumer and employment arbitration have recognized the importance of empirical research to making sound policy. Even Public Citizen, a vocal critic of consumer arbitration, has stated that it "agree[s]" that "congressional scrutiny of arbirtation 'can be dangerous if the terms of the debate focus too much on anecdote and too little on systematic study.'" According to Professor Peter B. Rutledge, "it now appears to be a common ground that the policy debate over the Arbitration Fairness Act should focus on empirical data." If so, that is an important and valuable development. Anecdotes alone do not provide a solid basis for legislative or regulatory action.
Christopher R. Drahozal, Arbitration Innumeracy, 4 Arb. L. Rev. 89 (2012).