Is This the End of Mandatory Arbitration?

By David Rochelson

December 21, 2021

On July 19, 2021, Amazon sent an email to its customers (including the author) to announce a change in its terms and conditions. The email read, “One of our updates involves how disputes are resolved between you and Amazon. Previously, our Conditions of Use set out an arbitration process for those disputes. Our updated Conditions of Use provides for dispute resolution by the courts.” Just a few years ago, such a change would have been unthinkable.

Antitrust, Vol. 36, No. 1, Fall 2021. ©️ 2021 by the American Bar Association. Reproduced with permission. All rights reserved. This information or any portion thereof may not be copied or disseminated in any form or by any means or stored in an electronic database or retrieval system without the express written consent of the American Bar Association.

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