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Enforceability of Mandatory Arbitration Agreements: (CRS Report for Congress)

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Release Date Jan. 12, 2001
Report Number 98-940
Authors Jon O. Shimabukuro, American Law Division
Source Agency Congressional Research Service
Summary:

In Wright v. Universal Maritime Service Corp. , the U.S. Supreme Court found that a mandatory arbitration clause in a collective bargaining agreement was not enforceable because it failed to specify arbitration as the covered employees' sole method of obtaining relief for their statutory claims. Without such explicit language in the agreement, the union could not have made a "clear and unmistakable waiver" of the employees' rights to a judicial forum. Although the Court identified a "clear and unmistakable waiver" standard for determining whether a mandatory arbitration agreement could be enforced, it refrained from deciding whether a union could actually bargain for such a waiver.
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