HR 5312
110th CONGRESS
2d Session
H. R. 5312
To amend chapter 1 of title 9 of the United States Code with
respect to arbitration of certain controversies.
IN THE HOUSE OF REPRESENTATIVES
February 7, 2008
Ms. LINDA T. SANCHEZ 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.
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the `Automobile Arbitration Fairness Act of 2008'.
SEC. 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:
`Sec. 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.
`(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.'.
END
