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1.2.1 Introduction

Part I of this treatise, Chapters 1 through 8, infra, covers one of the most active areas of consumer litigation today: the enforceability of arbitration agreements entered into before any dispute has arisen between the parties. These chapters focus on how consumers can, in some situations, avoid being forced into arbitration and instead retain their right to litigate their claims in court.

Part II, Chapters 9 through 12, infra, provides advice on the conduct of an arbitration proceeding, which will be helpful if a challenge to an arbitration requirement is not successful, or if the consumer prefers not to engage in protracted litigation on the question of enforceability. Part II includes information on the arbitration of both individual and classwide claims, and on court review of an arbitration award.