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ARTICLE · 10 MARCH 2022

Arbitration In The Fifth – February 2022

Haynes and Boone, L.L.P.
Haynes and Boone, L.L.P.
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Haynes and Boone, L.L.P.

Haynes and Boone, L.L.P.

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In February 2022, the courts of the Fifth Circuit issued a relatively small number of arbitration-related opinions addressing a fairly typical mix of issues.

United StatesLitigation, Mediation & Arbitration
Odean Volker
Odean Volker

In February 2022, the courts of the Fifth Circuit issued a relatively small number of arbitration-related opinions addressing a fairly typical mix of issues. Meanwhile in Washington, D.C., the Senate passed the “Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021.” The bill was signed by the President on March 3.

What is the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 (the “Act”)?

As the title suggests, the Act, now Chapter 4 of the Federal Arbitration Act (the “FAA”), is designed to end arbitration or “sexual harassment disputes” and “sexual assault disputes” unless the claimant agrees to arbitration after the dispute arises. In the words of the Act:

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