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Mandatory Arbitration of GM and Chrysler Dealer Terminations

By Peter R. Silverman

In 2009, Chrysler and General Motors declared bankruptcy and terminated almost 2,000 of their dealers as part of overall restructuring. The dealers turned to Congress for relief. Congress responded by passing a bill, signed into law on Dec. 16, 2009, providing for mandatory arbitration for dealers seeking reinstatement.

Congress set aggressive deadlines for finishing the arbitrations. By Jan. 15, 2010, Chrysler and GM had to provide terminated dealers with the criteria used to terminate them. Dealers had until Jan. 25 to decide whether to invoke arbitration to contest the termination. Congress designated the American Arbitration Association (“AAA”) to administer the arbitrations and required that the hearings be held in the dealer's state. Only limited document discovery was allowed, and each party was responsible for its costs and fees. All arbitrations had to be completed by June 14, 2010, which arbitrators could extend for 30 days for good cause.

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