Paying the Price of Process: Judicial Regulation of Consumer Arbitration Agreements

Stephen Ware, University of Kansas

Abstract

Arbitration clauses now appear in many of the form contracts through which consumers obtain goods, services and credit. This article considers the effect on prices of two sorts of judicial decisions: (1) decisions making consumer arbitration clauses generally enforceable, and (2) decisions refusing to enforce arbitration clauses that lack certain pro-consumer features.