A common provision in standard form employment and consumer arbitration agreements restricts the claimant to bringing an individual action only. The case law governing the enforceability of class action waivers in arbitration agreements is in a state of confusion, with no clear resolution in sight. Professor Malin surveys the landscape.

An examination of the standards for enforcing an employee’s waiver of the right to judicial resolution of employment disputes (in favor of arbitration). The validity of arbitration agreements under state law (as unconscionable or lacking consideration) is discussed, as is whether various terms of the agreement are fair (e.g., the right of unilateral amendment, allocation …