ADR ADR Commercial & Consumer Dispute Resolution

Question 1

What organization administers the Consumer Arbitration Rules specifically designed to protect consumers in the U.S.?

Accepted Answer

The American Arbitration Association (AAA)

Answer

JAMS

Answer

The American Bar Association

Answer

The Federal Trade Commission

Question 2

In U.S. consumer contracts, what doctrine can invalidate a mandatory arbitration clause?

Accepted Answer

Unconscionability, if the clause is found to be procedurally or substantively unfair

Answer

The parol evidence rule

Answer

The statute of frauds

Answer

The business judgment rule

Question 3

What is the 'CFPB arbitration rule' context in U.S. consumer ADR?

Accepted Answer

A 2017 CFPB rule that would have restricted class-action waivers in financial contracts, which Congress later overturned

Answer

A permanent federal rule requiring arbitration for all consumer financial disputes

Answer

A Supreme Court ruling expanding arbitration for consumer loans

Answer

A state rule limiting arbitration fees in consumer cases

Question 4

In commercial arbitration, what does 'seat of arbitration' determine?

Accepted Answer

The legal jurisdiction whose arbitration law governs the proceeding and whose courts may supervise it

Answer

The physical room where hearings are held

Answer

The location where the award must be enforced

Answer

The country whose substantive law applies to the underlying dispute

Question 5

Which ADR forum is specifically designed for resolving domain name disputes under ICANN policy?

Accepted Answer

The Uniform Domain-Name Dispute-Resolution Policy (UDRP) administered by WIPO and other providers

Answer

The AAA Commercial Arbitration Panel

Answer

The FTC's consumer complaint bureau

Answer

The USPTO trademark dispute board

Question 6

What is a 'med-arb' hybrid process?

Accepted Answer

A process where the neutral first attempts mediation and, if it fails, converts to binding arbitration

Answer

A process where a mediator and arbitrator both attend every session simultaneously

Answer

A form of arbitration where parties are required to mediate between rounds

Answer

A mediation process governed by arbitration rules