9 U.S.C. § 402 — No validity or enforceability
submitted 4 years ago by Pub. L. 117-90 to r/title-9-ARBITRATION · 177 words · no verdicts yet
A person alleging a sexual assault or sexual harassment dispute — or the named representative in a related class or collective action — can choose to make any predispute arbitration agreement or joint-action waiver invalid and unenforceable for that federal, Tribal, or State case. Whether this chapter applies to a dispute is decided under federal law. A court, not an arbitrator, decides both whether this chapter applies and whether the arbitration agreement is valid, even if the agreement tries to send that decision to an arbitrator.
(a) In General. Despite anything else in this title, the person who says they experienced conduct amounting to a sexual assault dispute* or sexual harassment dispute* can choose to make this rule apply. So can the named representative of a class or collective action alleging that conduct. When they choose it, no predispute arbitration agreement* and no predispute joint-action waiver* is valid or enforceable for a case that: is filed under federal, Tribal, or State law, and relates to that sexual assault dispute or sexual harassment dispute.
(b) Determination of Applicability. Federal law decides whether this chapter applies to a given dispute. A court — not an arbitrator — decides both whether this chapter applies to an arbitration agreement, and whether that agreement is valid and enforceable. This is true even if the party resisting arbitration challenges the arbitration clause specifically, or challenges it along with other parts of the contract. It is also true even if the agreement tries to hand that decision to an arbitrator instead.
Notwithstanding any other provision of this title, at the election of the person alleging conduct constituting a sexual harassment dispute* or sexual assault dispute*, or the named representative of a class or in a collective action alleging such conduct, no predispute arbitration agreement* or predispute joint-action waiver* shall be valid or enforceable with respect to a case which is filed under Federal, Tribal, or State law and relates to the sexual assault dispute or the sexual harassment dispute.
An issue as to whether this chapter applies with respect to a dispute shall be determined under Federal law. The applicability of this chapter to an agreement to arbitrate and the validity and enforceability of an agreement to which this chapter applies shall be determined by a court, rather than an arbitrator, irrespective of whether the party resisting arbitration challenges the arbitration agreement specifically or in conjunction with other terms of the contract containing such agreement, and irrespective of whether the agreement purports to delegate such determinations to an arbitrator.
Source credit: (Added Pub. L. 117–90, § 2(a), Mar. 3, 2022, 136 Stat. 27.)
- 2022Enacted · Pub. L. 117-90 · 136 Stat. 27
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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