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ARTICLE · 18 FEBRUARY 2022

Arbitration Under ERISA: A Roadmap For Enforcement

Bradley
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As costly class action retirement plan litigation under the Employee Retirement Income Security Act (ERISA) proliferates, mandatory individual arbitration has become...

United StatesEmployment and HR
B. David Joffe
B. David Joffe
Caleb L. Barron
Caleb L. Barron

As costly class action retirement plan litigation under the Employee Retirement Income Security Act (ERISA) proliferates, mandatory individual arbitration has become an increasingly appealing alternative for certain benefit plans. However, the benefits of arbitration can only be realized if it is enforceable.

The chart below highlights the most common reasons courts have refused to enforce mandatory individual arbitration in ERISA plans and offers potential solutions for overcoming these judicial obstacles:

Reasons for Not Enforcing Arbitration

Ways to Address

With respect to claims brought on behalf of the plan (e.g., fiduciary breach), the plan has not agreed to arbitration.

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