Part I of this Article discusses in detail the shortcomings of the modern class action system, including its uncertain benefits (in terms of compensation and deterrence) as well as its indisputable high costs. Part II then presents the benefits of the mandatory individual arbitration stockholder proposal and why it is likely to be upheld if challenged in court, as well as certain procedural protections contained in our proposal. We also present an alternative to arbitration, our Opt‐In Proposal, and discuss its shortcomings and why we believe arbitration is a preferable approach. Finally, our stockholder resolution, supporting statement and model by‐law amendment are attached in two Appendices.
