ANALYSIS: Forced Arbitration Law Raises New Questions (1)

President Biden signed into law Thursday a bill that allows persons alleging sexual assault or sexual harassment to pursue their claim through court proceedings and class actions—even if they had agreed to mandatory arbitration or a joint-action waiver.

The Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 adds a new chapter to Title 9 (Arbitration) of the United States Code and effectively invalidates pre-dispute arbitration agreements and pre-dispute joint-action waivers in cases involving sexual assault or sexual harassment claims.

While the bill is relatively straightforward in its approach, it does raise a host of questions that ...