Arbitration as Wealth Transfer

Deepak Gupta and Lina Khan
Publication Date: 
February 18, 2016

ACS is pleased to release “Arbitration as Wealth Transfer” by Deepak Gupta, Founding Principal of Gupta Wessler PLLC and former Senior Counsel at the Consumer Financial Protection Bureau, and Lina Khan, J.D. Candidate at Yale Law School and Fellow at New America.

The trend toward circumventing courts in favor of arbitration, abetted by increasingly consolidated corporate power and a business-friendly Supreme Court, is literally taking money from the pockets of the middle class and working poor. That’s the conclusion Gupta and Khan draw after an in-depth review of the redistributive effects of these increasingly common contract provisions. Gupta and Khan examine the growing use of forced arbitration and bans on class action lawsuits in a variety of employment and consumer contracts and seek to draw attention to the role that these changes to procedural rules play in creating economic inequality in an era when “there is growing recognition that changes in substantive law and legal regimes helped usher in the extreme levels of inequality we see today.” To read the Issue Brief, click here.