There are two arbitrations that are tried by the Supreme Court within that time frame. One, MHN Government Services, Inc. v. Zaborowski, concerns whether a court, if with an arbitration agreement that is unacceptable in several respects, can invalidate an entire arbitration agreement or simply separate the unscrupulous elements and enforce the rest.29 California courts have the position that, if there are several unscrupulous aspects to a compromise clause, it can invalidate the clause in its entirety. This principle is important because it prevents powerful parties from writing arbitration clauses with too strict rules. If a court simply resolved any unscrupulous provision and enforced the rest of an arbitration clause, a powerful party might be tempted to include many hard elements, knowing that even if some are found to be unenforceable, it can still ask the other party to arbitrate. The principle is challenged on the grounds that it is a specific rule for arbitration, which disapproves of arbitration and is therefore anticipated by the FAA. In administrative arbitration, arbitration is managed by a professional arbitration institution, arbitration services, such as the LCIA in London, or the ICC in Paris, or the American Arbitration Association in the United States. Normally, the arbitration institution will also be the vested authority of the board of directors.

Arbitration institutions tend to have their own rules and procedures and may be more formal. They also tend to be more expensive and slower for procedural reasons. [39] In the absence of general measures to combat mandatory arbitration, further progress has been made on specific restrictions. In 2009, Franken successfully amended the 2010 Annual Defence Appropriations Department to address the use of mandatory arbitration by defence companies. The concrete case that motivated the amendment concerned serious charges of sexual assault, harassment and discrimination against a Halliburton employee. The amendment to the franc prohibits any arms contractor with contracts over $1 million from applying a mandatory arbitration agreement in all cases involving Rights VII of the Civil Rights Act or unauthorized claims related to sexual assault or sexual harassment. The modification of the franc is an essential restriction on the use of compulsory arbitration by defence firms, but it is limited to this sector and applies only to the limited rights specified in the amendment. For example, the amendment does not limit the use of mandatory arbitration procedures for other legal rights, such as hourly and wages under the Fair Labor Standards Act or rights based on national labour law. While it may be reasonable to view the right to participate in a class action as a procedural right in the context of the FLSA, it is not possible to make the same argument with respect to class actions in lawsuits arising from the National Labor Relations Act (NLRA). Within the LNRA, the right to collective and concerted action is the fundamental right that protects status. Nevertheless, the question remains whether a composite arbitration clause and a group action would deprive workers of their material right to act collectively under the National Labor Relations Act.