U.S. Arbitration Law in the Wake of AT&T v. Concepcion
It is no secret that pre-dispute arbitration clauses in adhesive consumer and employment agreements have been harshly criticized in this country in recent years. Critics label these clauses, which often contain one-sided provisions, such as class arbitration waivers and inconvenient venue and cost-shifting provisions, as oppressive and unfair to those with inferior bargaining power.
Jill Gross, AT&T Mobility and FAA Over-Preemption, 4 25 (2012).