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: SECLaw.com

Does the NASAA Really Oppose "Take it or Leave it" Arbitration Clauses?

By Mark H. Astarita, Esq.

Intellectual honesty is important; particularly when it comes to government officials and regulators. Which is why I simply shake my head at the comments made by the North American Securities Administrators Association (the "NASAA") regarding pre-dispute arbitration agreements.The NASAA is an organization of securities regulators - its membership consists of the securities regulators from the 50 states. In a recent press release it announced that it fully supports the Arbitration Fairness Act, which would overturn decades of law in the United States, and which would make pre-dispute arbitration agreements unenforceable.Putting aside the question of whether the Act is a good idea or not, the support of the NASAA is a bit surprising. In its statement, the NASAA not only attacked the arbitration process itself (calling it unfair) but also stated that a "take-it-or-leave-it" arbitration provision is inherently unfair...continue to full post

Full post as published by SECLaw.com on June 03, 2009 (boomark / email).

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