I 

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. SA ́NCHEZ 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 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Automobile Arbitration 

5 Fairness Act of 2008’’. 

6 SEC. 2. AMENDMENTS. 

7 (a) REQUIREMENTS FOR ARBITRATION OF CERTAIN

8 CONTROVERSIES.—Chapter 1 of title 9, United States 

9 Code, is amended by adding at the end the following: 


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1 ‘‘§ 17. Requirements applicable to certain controver2 sies 

3 ‘‘(a) DEFINITIONS.—For purposes of this section— 

4 ‘‘(1) the term ‘motor vehicle’ has the meaning 

5 given such term in section 30102 of title 49; and 

6 ‘‘(2) the term ‘motor vehicle consumer sales or 

7 lease contract’ means a contract under which a per8 son regularly engaged in the business of selling 

9 motor vehicles sells or leases a motor vehicle to an 

10 individual. 

11 ‘‘(b) REQUIREMENTS.— 

12 ‘‘(1) REQUIRED CONSENT.—Notwithstanding 

13 any other provision of this chapter or of any other 

14 law (excluding chapters 2 and 3 of this title), a con15 troversy described in subsection (c) may not be set16 tled by arbitration unless, after such controversy 

17 arises, all the parties to such controversy agree in 

18 writing to settle such controversy by arbitration. 

19 ‘‘(2) REQUIRED EXPLANATION OF ARBITRATION

20 AWARD.—Notwithstanding any other provision of 

21 this chapter or of any other law (excluding chapters 

22 2 and 3 of this title), at the request of any of such 

23 parties made after such controversy arises and be24 fore an award is made in an arbitration agreed to 

25 in accordance with paragraph (1), such award shall 

26 include a brief, informal discussion of the factual 


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1 and legal basis for the award, but formal findings of 

2 fact or conclusions of law shall not be required. 

3 ‘‘(c) CONTROVERSY DESCRIBED.—Subsection (b) 

4 shall apply with respect to a controversy arising out of 

5 a motor vehicle consumer sales or lease contract as en6 tered into, amended, altered, modified, renewed, or ex7 tended on or after the date of the enactment of the Auto8 mobile Arbitration Fairness Act of 2008, or out of a re9 fusal to perform the whole or any part of such contract.’’. 

10 (b) CONFORMING AMENDMENT.—The table of sec11 tions in chapter 1 of title 9, United States Code, is amend12 ed by adding at the end the following: 

‘‘17. Requirements applicable to certain controversies.’’. 

Æ 


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