§402 — Title 9 Arbitration | U.S. Code

Summary

If someone brings a case about sexual assault or sexual harassment, they can choose not to be bound by any agreement they signed earlier that forces arbitration or stops people from joining together in a lawsuit. This choice applies to cases filed under federal, tribal, or state law. A court, using federal law, must decide if this rule applies and whether an arbitration agreement is valid. A judge makes that decision even if the dispute is mixed with other contract issues or the contract says an arbitrator should decide.

Title 9, §402

Arbitration — Source: USLM XML via OLRC

(a)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.

(b)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.

Statutory Notes and Related Subsidiaries

Effective Date

Section applicable with respect to any dispute or claim that arises or accrues on or after Mar. 3, 2022, see section 3 of Pub. L. 117–90, set out as a note under section 401 of this title.

§402 No validity or enforceability

Summary

Title 9, §402

Notes & Related Subsidiaries

Statutory Notes and Related Subsidiaries

Effective Date

Citations & Metadata