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Disputes between consumers and businesses that are arbitrated are resolved by an independent neutral arbitrator rather than in court. Although parties can agree to arbitrate a particular dispute after it arises or may agree that the award is non-binding, most consumer arbitrations occur pursuant to a pre-dispute arbitration clause where the arbitrator's award is binding. In the United States, there is an ongoing debate over the use of arbitration clauses in consumer contracts. Differences between arbitration and litigation include the costs of resolving a case, the speed of resolution, and the procedure of resolving a case, including how and where the arbitration is conducted and the availability of discovery. Critics of consumer arbitration say that arbitrators and arbitration administrators can be biased (in part due to the repeat-player effect), arbitration clauses are not conspicuous, and for many classes of consumer goods and services, nearly all providers require arbitration. Proponents of consumer arbitration cite "consumer-friendly" terms that lower the dispute resolution costs of consumers and provide incentives for consumers to bring claims in arbitration. Most arbitration clauses require parties to waive their right to proceed on a class action basis in either court or arbitration, and, in the United States, the debate over consumer arbitration has also featured discussion of the merits of class actions. In 2011, the Supreme Court of the United States ruled in ''AT&T Mobility v. Concepcion'' that state laws that in effect require the availability of class actions to resolve consumer disputes are preempted by the Federal Arbitration Act.〔''AT&T Mobility v. Concepcion'', 131 S.Ct. 1740 (2011)〕 The ruling resulted in the adoption of new arbitration clauses or changes to existing ones in consumer contracts, as well as renewed efforts to persuade the federal government to regulate or ban the usage of consumer arbitration clauses. The support given to consumer arbitration under United States law (particularly the Federal Arbitration Act) has been compared to other countries, whose laws restrict or ban consumer arbitration. ==Background== In arbitration, a claimant submits a claim to a neutral arbitrator, and the opposing party (the respondent) responds to the claim. A neutral arbitrator collects evidence and hears arguments from both parties, and then issues an award. Pre-hearing conferences determine procedural matters for the arbitration hearing (such as whether the arbitration is to be confidential).〔 Hearings, which can be held in a conference center or at an office, involve the parties presenting opening statements, evidence such as documents and tangible objects, and witnesses who testify and are cross-examined.〔 Closing arguments may be presented at the hearing, or submitted afterwards in the form of a post-hearing brief.〔 The arbitrator's award consists of a written decision, which may simply consist of a statement of the relief awarded to each party, or it may include a written explanation.〔 Appeal of an arbitration decision is very limited; under the Federal Arbitration Act, an awarded may be vacated only if one of the following conditions is satisfied: *"the award was procured by corruption, fraud, or undue means"〔9 U.S.C. §10(a)(1)〕 *"there was evident partiality or corruption in the arbitrators, or either of them"〔9 U.S.C. §10(a)(2)〕 *"the arbitrators were guilty of misconduct in refusing to postpone the hearing, upon sufficient cause shown, or in refusing to hear evidence pertinent and material to the controversy; or of any other misbehavior by which the rights of any party have been prejudiced"〔9 U.S.C. §10(a)(3)〕 *"the arbitrators exceeded their powers, or so imperfectly executed them that a mutual, final, and definite award upon the subject matter submitted was not made"〔9 U.S.C. §10(a)(4)〕 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「Consumer arbitration」の詳細全文を読む スポンサード リンク
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