II
116th CONGRESS
1st Session
S. 620
IN THE SENATE OF THE UNITED STATES
February 28, 2019
Mr. Whitehouse (for himself, Mr. Leahy, Mrs. Murray, Mr. Durbin, Mr. Merkley, Ms. Hirono, and Mr. Markey) introduced the following bill; which was read twice and referred to the Committee on the Judiciary
A BILL
To amend title 9, United States Code, with respect to arbitration.
Short title
This Act may be cited as the Safety Over Arbitration Act of 2019
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Arbitration of disputes involving hazards to public health and safety
In general
Title 9, United States Code, is amended by adding at the end the following:
Arbitration of disputes involving hazards to public health and safety
Sec.
401. Definition.
402. Election of arbitration.
Definition
In this chapter, the term hazard to public health or safety means an activity, substance, or condition that has a potential to cause harm to the health or safety of the public.
Election of arbitration
Consent required
Notwithstanding any other provision of law, whenever a contract between an individual and another party requires the use of arbitration to resolve a claim or controversy alleging facts relevant to a hazard to public health or safety, arbitration may be used to resolve the claim or controversy only if, after the claim or controversy arises, all parties to the claim or controversy consent in writing to use arbitration.
Explanation required
Notwithstanding any other provision of law, whenever arbitration is elected to resolve a claim or controversy pursuant to subsection (a), the arbitrator shall provide the parties to the contract with a written explanation of the factual and legal basis for any award or other outcome, which shall not be made under seal by the arbitrator or a court.
Application
This section shall apply to any contract entered into after the date of enactment of this chapter.
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Technical and conforming amendment
The table of chapters for title 9, United States Code, is amended by adding at the end the following:
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