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

Summary

Defines four terms: Predispute arbitration agreement — a promise to use arbitration for disputes that do not yet exist; Predispute joint-action waiver — any promise, inside or outside arbitration, that blocks joining class actions about future disputes; Sexual assault dispute — dispute over a nonconsensual sexual act or contact (18 U.S.C. 2246 or similar law), including lack of capacity to consent; Sexual harassment dispute — alleged sexual harassment under Federal, Tribal, or State law.

Title 9, §401

Arbitration — Source: USLM XML via OLRC

In this chapter:

(1)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)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)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)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.

Notes & Related Subsidiaries

Statutory Notes and Related Subsidiaries

Effective Date

Pub. L. 117–90, § 3, Mar. 3, 2022, 136 Stat. 28, provided that: “This Act [see

Short Title

of 2022 Amendment note set out under section 1 of this title], and the

Amendments

made by this Act, shall apply with respect to any dispute or claim that arises or accrues on or after the date of enactment of this Act [Mar. 3, 2022].”

§401 Definitions