Title 9, ArbitrationRelease 119-110

§401 Definitions

Title 9 › CHAPTER 4 — ARBITRATION OF DISPUTES INVOLVING SEXUAL ASSAULT AND SEXUAL HARASSMENT › § 401

Last updated Sep 22, 2026|Official source

Summary

Defines four key terms used in this chapter. Predispute arbitration agreement: an agreement made before a dispute that requires future disputes to go to arbitration. Predispute joint-action waiver: an agreement made before a dispute that stops someone from joining class, group, or collective legal actions in any forum. Sexual assault dispute: a dispute about a nonconsensual sexual act or contact (see section 2246 of title 18), including when the victim lacks capacity to consent. Sexual harassment dispute: a dispute about conduct claimed to be sexual harassment under applicable Federal, Tribal, or State law.

Full Legal Text

Title 9, §401

Arbitration, Source: USLM XML via OLRC

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.

Legislative History

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].”

Reference

Citations & Metadata

Citation

9 U.S.C. § 401

Title 9, Arbitration

Last Updated

Sep 22, 2026

Release point: 119-110