Mandatory arbitration clauses in consumer contracts have had a checkered past in the United States. Courts historically viewed arbitration as a means of settling disputes with significant disfavor, a fact that has been noted by many courts, including the United States Supreme Court in numerous decisions as well as by Congress.
"Mandatory Arbitration Clauses in Consumer Contracts: A Legally Permissible Means of Denying Consumers The Constitutional Right to Litigate Contract Disputes in Court and The Right to Trial by Jury,"
North East Journal of Legal Studies: Vol. 40
, Article 1.
Available at: https://digitalcommons.fairfield.edu/nealsb/vol40/iss1/1