Bill > S878

This bill, the Arbitration Fairness Act of 2013, declares that any agreement to arbitrate a dispute that was made before the dispute arose (a "predispute arbitration agreement") will not be valid or enforceable if it involves an employment dispute (a disagreement between an employer and employee), a consumer dispute (a disagreement between an individual and a seller or provider of goods or services for personal use), an antitrust dispute (a dispute involving claims of violating antitrust laws, often in the context of a class action), or a civil rights dispute (a disagreement involving claims of discrimination based on race, sex, disability, religion, national origin, or other protected characteristics, or violations of constitutional rights). The bill also specifies that a court, not an arbitrator, will decide whether such arbitration agreements are valid and enforceable, regardless of how the challenge to the agreement is made. Importantly, this Act does not apply to arbitration provisions in contracts between employers and labor unions or between labor unions themselves, but it does ensure that employees covered by such agreements still retain their right to go to court to enforce rights guaranteed by the U.S. Constitution, state constitutions, or federal or state statutes.