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9 U.S.C. § 401 — Definitions

submitted 4 years ago by Pub. L. 117-90 to r/title-9-ARBITRATION · 182 words · no verdicts yet

in plain englishAI-generated · not legal advice

This section defines four terms used in a chapter about arbitration agreements. "Predispute arbitration agreement" means an agreement to arbitrate a dispute made before it arose. "Predispute joint-action waiver" means an agreement that blocks someone from joining a class or collective action, made before the dispute arose. "Sexual assault dispute" and "sexual harassment dispute" each get a defined meaning tied to other law.

(1) Predispute arbitration agreement means any agreement to arbitrate a dispute, made before that dispute had happened.

(2) Predispute joint-action waiver means an agreement — whether or not it's part of a predispute arbitration agreement — that would stop, or waive, a party's right to join a class, collective, or other joint action in court, arbitration, an administrative proceeding, or another forum. This applies to a dispute that had not yet arisen when the agreement was made.

(3) Sexual assault dispute means a dispute involving a nonconsensual sexual act or nonconsensual sexual contact. These terms have the meanings given in section 2246 of title 18, or in similar Tribal or State law. This includes situations where the victim lacked the capacity to consent.

(4) Sexual harassment dispute means a dispute about conduct that is claimed to be sexual harassment under applicable Federal, Tribal, or State law.

the actual law source: uscode.house.gov ↗public domain

In this chapter:

(1)Predispute arbitration agreement.—

The term “predispute arbitration agreement” means any agreement to arbitrate a dispute that had not yet arisen at the time of the making of the agreement.

(2)Predispute joint-action waiver.—

The term “predispute joint-action waiver” means an agreement, whether or not part of a predispute arbitration agreement, that would prohibit, or waive the right of, one of the parties to the agreement to participate in a joint, class, or collective action in a judicial, arbitral, administrative, or other forum, concerning a dispute that has not yet arisen at the time of the making of the agreement.

(3)Sexual assault dispute.—

The term “sexual assault dispute” means a dispute involving a nonconsensual sexual act or sexual contact, as such terms are defined in section 2246 of title 18 or similar applicable Tribal or State law, including when the victim lacks capacity to consent.

(4)Sexual harassment dispute.—

The term “sexual harassment dispute” means a dispute relating to conduct that is alleged to constitute sexual harassment under applicable Federal, Tribal, or State law.

Source credit: (Added Pub. L. 117–90, § 2(a), Mar. 3, 2022, 136 Stat. 26.)

history & why it existsrecord from the source credit
  • 2022Enacted · Pub. L. 117-90 · 136 Stat. 26

A history note hasn’t been published yet. The record shows enactment by Pub. L. 117-90 on 2022-03-03.

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