On the recordMarch 17, 2022
Madam Speaker, I rise in opposition to H.R. 963. H.R. 963 undermines freedom of contract as well as consumer choice by banning informed, consenting adults from freely entering into contracts to arbitrate disputes. Arbitration generally works well and is a fair and effective way to resolve disputes. While civil litigation can be long, complex, and costly, arbitration provides a cheaper and efficient process to resolve disputes in a timely manner. Banning predispute arbitration agreements would mean Americans spend more time in court with no guarantee of better outcomes. Banning arbitration agreements during a time of significant inflation and in the middle of a supply chain crisis will effectively lower Americans' income. While larger companies may be able to deal with the expense of a slew of new lawsuits, this change will cause harm to smaller businesses that may not survive lengthy and costly litigation battles. Because postdispute arbitrations are rare, banning arbitration agreements will flood the court system. For one thing, some claims that are addressed through arbitration now may be individualized, making them unsuitable for class treatment. Even where claims can't be combined, a plaintiff may still be worse off as a class member than he would be with the claim in arbitration. This is because the benefits of arbitration, particularly lower litigation costs, coincide with lower revenue for others, such as trial lawyers.…





