§402 No Validity or Enforceability

Summary

If someone says they were sexually assaulted or sexually harassed, or a named class representative says so, that person can choose not to be bound by any agreement signed earlier that forces arbitration or bars group lawsuits for a court case filed under Federal, Tribal, or State law about that conduct. A judge must decide whether this rule applies and whether the arbitration agreement is valid. An arbitrator cannot decide those questions, even if the contract says an arbitrator should or the challenge is mixed with other contract claims.