110 HR 5312 IH: Automobile Arbitration Fairness Act of U.S. House of Representatives 2008-02-07 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I 110th CONGRESS 2d Session H. R. 5312 IN THE HOUSE OF REPRESENTATIVES February 7, 2008 Ms. Linda T. Sánchez of California (for herself, Mr. Conyers, Mr. Cohen, Mr. Watt, Ms. Zoe Lofgren of California, Mr. Johnson of Georgia, Mr. Kucinich, Ms. Wasserman Schultz, Mr. Wexler, and Mr. Delahunt) introduced the following bill; which was referred to the Committee on the Judiciary A BILL To amend chapter 1 of title 9 of the United States Code with respect to arbitration of certain controversies.

1.

Short title

This Act may be cited as the Automobile Arbitration Fairness Act of 2008.

2.

Amendments

(a)

Requirements for arbitration of certain controversies

Chapter 1 of title 9, United States Code, is amended by adding at the end the following:

17.

Requirements applicable to certain controversies

(a)

Definitions

For purposes of this section— (1)the term motor vehicle has the meaning given such term in section 30102 of title 49; and (2)the term motor vehicle consumer sales or lease contract means a contract under which a person regularly engaged in the business of selling motor vehicles sells or leases a motor vehicle to an individual. (b)

Requirements

(1)

Required consent

Notwithstanding any other provision of this chapter or of any other law (excluding chapters 2 and 3 of this title), a controversy described in subsection (c) may not be settled by arbitration unless, after such controversy arises, all the parties to such controversy agree in writing to settle such controversy by arbitration. (2)

Required explanation of arbitration award

Notwithstanding any other provision of this chapter or of any other law (excluding chapters 2 and 3 of this title), at the request of any of such parties made after such controversy arises and before an award is made in an arbitration agreed to in accordance with paragraph (1), such award shall include a brief, informal discussion of the factual and legal basis for the award, but formal findings of fact or conclusions of law shall not be required. (c)

Controversy described

Subsection (b) shall apply with respect to a controversy arising out of a motor vehicle consumer sales or lease contract as entered into, amended, altered, modified, renewed, or extended on or after the date of the enactment of the Automobile Arbitration Fairness Act of 2008, or out of a refusal to perform the whole or any part of such contract.

. (b)

Conforming amendment

The table of sections in chapter 1 of title 9, United States Code, is amended by adding at the end the following: 17. Requirements applicable to certain controversies. .