The meaning and scope of the identical anti-arbitration provision enacted by the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 (Dodd-Frank)1 amendments to the Sarbanes-Oxley Act of 2002 (SOX)2 and the Commodities Exchange Act of 1936 (CEA)3 are becoming clearer as more courts have addressed the issues. The provision provides:
(1) Waiver of rights and remedies.—The rights and remedies provided for in this section may not be waived by any agreement, policy form, or condition of employment, including by a predispute arbitration agreement.
(2) Predispute arbitration agreements.—No predispute arbitration agreement shall be valid or enforceable, if the agreement requires arbitration of a dispute arising under this section.
18 U.S.C. §1514A(e) (SOX); 7 U.S.C. §26(n) (CEA).
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