Digital Library: 75 Ways to Challenge an Arbitration Requirement

March 25, 2024 — Article

A new NCLC Arbitration Practice Checklist, free and accessible to the public, is found at NCLC’s Consumer Arbitration Agreements § 1.2a.  It not only lists 75 ways to defeat an arbitration requirement, but also considers procedural issues in such a challenge, including who decides enforceability and timing of appeal rights. The checklist also explains options to proceed in arbitration—individual, class, and mass arbitration.

This article sets out the highlights of the Arbitration Practice Checklist, including a dozen lesser-known ways to defeat an arbitration requirement, and another dozen challenges that apply more often than you think. The article discusses the three biggest errors in challenging an arbitration requirement and tips on various types of arbitration proceedings. All citations below are to NCLC’s Consumer Arbitration Agreements unless otherwise noted.  The article, checklist, and treatise are geared to both consumer and worker challenges to arbitration.