Date of Award

12-2024

Document Type

Legal Research Pathfinders

Degree Name

Juris Doctorate (JD)

Instructor

Paul Callister

Abstract

Arbitration is a form of alternative dispute resolution in which parties agree to "choose one or more neutral third parties to make a final and binding decision [to] resolv[e] the dispute" outside of court. Courts generally cannot overturn a binding decision made under a valid arbitration agreement. Arbitration may be used to resolve a variety of disputes, but this Pathfinder explores the enforceability of arbitration agreements in the consumer context. Consumer arbitration agreements are made between a business offering a product or a service and its direct consumer. Businesses are increasingly including arbitration provisions in their Terms & Conditions and other consumer agreements. With the proliferation of consumer arbitration agreements, it is important for parties to understand when such agreements are enforceable.

This Pathfinder is a guide through key statutory and case law, as well as secondary resources such as legal treatises, encyclopedias, gray literature, and news sources. In addition, it also previews how Al tools may be used to research this topic.

This Pathfinder provides a primer on the enforceability of consumer arbitration agreements in Missouri. It is primarily targeted to law students and attorneys new to arbitration-whether they are drafting arbitration agreements or seeking to enforce or challenge them. Businesses considering adding arbitration provisions to their consumer agreements, as well as consumers hoping to better understand what it means to agree to arbitration and the enforceability of such agreements, may find some of the secondary sources helpful.

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