Drafting and Deploying Arbitration Agreements in Consumer Contracts

Philadelphia partner Michael P. Daly and associate Daniel E. Brewer authored “ Drafting and Deploying Arbitration Agreements in Consumer Contracts” for The Legal Intelligencer. With the rise of “gotcha” consumer class actions with potentially annihilating damages, implementing enforceable arbitration agreements and class action waivers has become an important tool for businesses to mitigate this risk. Courts, however, continue to scrutinize arbitration agreements for evidence of unconscionability or defects in contract formation. This article details a few of the issues businesses should consider in their use of arbitration agreements, including the AAA/JAMS consumer due process principles and online contract formation.

Read “Drafting and Deploying Arbitration Agreements in Consumer Contracts.”