In a seminar on Institutional Investor Activism in the 21st Century: Responses to a Changing Landscape, author Roy Shapira discusses potential mandatory arbitration of corporate and securities law disputes:
Over the past decade, the Supreme Court of the United States has enforced contractual provisions that force arbitration of disputes and ban class actions. Unsurprisingly, companies went on to instill these mandatory arbitration provisions in their contracts with consumers, employees, and customers. Commentators, practitioners, and policymakers have suggested that the mandatory arbitration revolution can, and should, apply to corporate and securities litigation as well. The idea is that companies could amend their charters or bylaws to include such a provision, or go public with it, thereby forcing shareholders to arbitrate their claims individually, putting an end to shareholder litigation as we have come to know it.
Roy Shapira, Mandatory Arbitration and the Market for Reputation, 99 B.U. L. Rev. 873 (2019).
(Stanford Law School, Securities Class Action Clearinghouse)